[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19750-19751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10505]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5815-1]


Proposed Administrative Settlement Under Section 122(h)(1) of the 
Comprehensive Environmental Response, Compensation, and Liability Act; 
in Re Wells Metal Finishing Superfund Site; Lowell, Massachusetts

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement for recovery of past response 
costs.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
enter into a cost recovery settlement agreement to address claims under 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980 as amended (CERCLA), 42 U.S.C. Sec. 9601 et seq. Notice is 
being published to inform the public of the proposed settlement and of 
the opportunity to comment. The settlement is intended to resolve the 
liability under CERCLA of Charles McNamara for costs incurred or to be 
incurred by EPA in response to the release or threatened release of 
hazardous substances at the Wells Metal Finishing Site in Lowell, 
Massachusetts.

DATES: Comments must be provided on or before May 23, 1997.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region I, JFK Federal Building, 
Mailcode RCH, Boston, Massachusetts, 02203, and should refer to: 
Agreement for Recovery of Past Response Costs Re: Wells Metal Finishing 
Superfund Site, Lowell, Massachusetts, US. EPA Docket No. CERCLA I-91-
1069.

FOR FURTHER INFORMATION CONTACT: Gregory M. Kennan, U.S. Environmental 
Protection Agency, JFK Federal Building, Mailcode SEE, Boston, 
Massachusetts, 02203, (617) 565-3446.

SUPPLEMENTARY INFORMATION: In accordance with the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (CERCLA) 42 U.S.C. Sec. 9601 et seq., notice is hereby given of 
a proposed cost recovery settlement agreement under Section 122(h)(1) 
of CERCLA concerning the Wells Metal Finishing Superfund Site in 
Lowell, MA. The settlement was approved by EPA Region I, subject to 
review by the public pursuant to this Notice. Charles McNamara 
(Settling Party) has executed a signature page committing him to 
participate in the settlement. Under the proposed settlement, the 
Settling Party shall convey the Site to a good faith purchaser in an 
arms length transaction no later than one year after the effective date 
of this Agreement. After the Settling Party has paid the realtor's 
commission and real estate attorney's fee from the proceeds of the sale 
of the Site property, the Settling Party shall pay the City of Lowell 
Massachusetts all

[[Page 19751]]

past real property taxes not to exceed $55,160 plus interest; and to 
pay 100% of the remaining proceeds of the sale to the EPA Hazardous 
Substance Superfund for the reimbursement of response costs. EPA 
believes the settlement is fair and in the public interest.
    EPA is entering into this agreement under the authority of CERCLA 
Section 122(h)(1) which provides EPA with authority to consider, 
compromise, and settle a claim under Section 107 of CERCLA for costs 
incurred by the United States if the claim has not been referred to the 
U.S. Department of Justice for further action. The U.S. Department of 
Justice has given written approval of this settlement. EPA will receive 
written comments relating to this settlement for thirty (30) days from 
the date of publication of this Notice.
    A copy of the proposed administrative settlement may be obtained in 
person or by mail from Gregory M. Kennan, U.S. Environmental Protection 
Agency, JFK Federal Building, Mailcode SEE, Boston, Massachusetts, 
02203 (617) 565-3446.
    The Agency's response to any comments received will be available 
for public inspection with the Docket Clerk, U.S. Environmental 
Protection Agency, Region I JFK Federal Building, Mailcode RCH, Boston, 
Massachusetts, (U.S. EPA Docket No. CERCLA I-91-1069).

    Dated: April 15, 1997.
Richard Cavagnero,
Acting Director, Office of Site Remediation and Restoration.
[FR Doc. 97-10505 Filed 4-22-97; 8:45 am]
BILLING CODE 6560-50-P