[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Pages 46433-46434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19046]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9710-9]
Proposed CERCLA Administrative Cost Recovery Settlements for the
Buckbee-Mears Co. Superfund Site in Cortland, NY, Cortland County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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SUMMARY: Under Section 122(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended
(``CERCLA''), notice is hereby given of two proposed administrative
settlements for recovery
[[Page 46434]]
of past response costs concerning the Buckbee-Mears Co. Superfund Site
located in Cortland, Cortland County, New York (the ``Site'') with each
of the following settling parties: the City of Cortland (``City'') and
the County of Cortland (``County'')(collectively the ``Municipal
Settlements''). In order to resolve competing liens on two parcels of
land within the Site (``Properties''), the Municipal Settlements
provide that the City and the County agree to facilitate the sale and
redevelopment of the Properties. In addition, if the Properties are
sold pursuant to a pending foreclosure action by the State Bank of
India, New York Branch (the ``Bank''), the Bank will pay to the City,
in full satisfaction of the City's tax lien, the greater of $302,881
(being the amount of City Taxes in arrears as of September 29, 2006) or
fifteen percent (15%) of the proceeds from the sale of the Properties,
and the Bank will pay to the County $2,120 in full satisfaction of its
tax lien, after the Bank is paid $150,000 attributable to the costs of
marketing and selling the Properties. Any proceeds from the Bank's
foreclosure sale remaining after the above payments to the Bank, the
City and the County, shall be distributed in proportion to the
percentage that the following amounts represent in relation to the
combined total of said amounts: (1) For EPA, $8,323,204; (2) for the
Bank, $8,434,911; (3) for the City, $1,194,043 minus the greater of
$302,881 or fifteen percent (15%) of the proceeds from the sale of the
Properties. Also under the terms of the Municipal Agreements, if the
Properties are not sold through the Bank's foreclosure action, the City
and County will foreclosure on the Properties, transfer the Properties
and pay to EPA 50% of the selling price, after the transaction costs
associated with the sale have been paid. The transaction costs are
capped at $5,000 for the County and $150,000 for the City. EPA has also
agreed to discharge its CERCLA Section 107(l) lien on the Properties
and has agreed to waive any windfall lien it may have on the Properties
under CERCLA Section 107(r).
For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
Municipal Agreements. The Agency will consider all comments received
and may modify or withdraw its consent to the two settlements if
comments received disclose facts or considerations which indicate that
either of the settlements is inappropriate, improper, or inadequate.
DATES: Comments must be provided within September 4, 2012.
ADDRESSES: Comments should be addressed to the U.S. Environmental
Protection Agency, Office of Regional Counsel, 290 Broadway, 17th
Floor, New York, New York 10007-1866 and should refer to the Buckbee-
Mears Co. Superfund Site located in Cortland, New York, Cortland
County, EPA Region II Docket No.'s CERCLA-02-2012-2018 and CERCLA-02-
2012-2024.
FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency,
Office of Regional Counsel, 290 Broadway, 17th Floor, New York, New
York 10007-1866, Attention: Marla E. Wieder, Assistant Regional Counsel
at (212) 637-3184.
SUPPLEMENTARY INFORMATION: A copy of the proposed settlements may be
obtained from Marla E. Wieder, Assistant Regional Counsel at the
address above, or via email at [email protected].
Dated: July 16, 2012.
John S. Frisco,
Acting Director, Emergency & Remedial Response Division.
[FR Doc. 2012-19046 Filed 8-2-12; 8:45 am]
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