[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Notices]
[Page 14709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7938]
[[Page 14709]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5987-1]
Proposed Settlement Under Section 122(g) of the Comprehensive
Environmental Response, Compensation and Liability Act; Tulalip
Landfill Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed administrative settlement and opportunity
for public comment.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
enter into an administrative settlement to resolve claims under the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (CERCLA). Notification is being published to inform
the public of the proposed settlement and of the opportunity to
comment. The settlement is intended to resolve past and estimated
future liabilities of 11 de minimis parties for costs incurred, or to
be incurred, by EPA at the Tulalip Landfill Superfund Site in
Marysville, Washington.
DATES: Comments must be provided on or before April 27, 1998.
ADDRESSES: Comments should be addressed to Docket Clerk, U.S.
Environmental Protection Agency, Region 10, ORC-158, 1200 Sixth Avenue,
Seattle, Washington 98101, and should refer to In Re Tulalip Landfill
Superfund Site, Marysville, Washington, U.S. EPA Docket No. 10-98-0027-
CERCLA.
FOR FURTHER INFORMATION CONTACT: Elizabeth McKenna, Office of Regional
Counsel (ORC-158), 1200 Sixth Avenue, Seattle, Washington 98101, (206)
553-0016.
SUPPLEMENTARY INFORMATION: In accordance with section 122(i)(1) of
CERCLA, notification is hereby given of a proposed administrative
settlement concerning the Tulalip Landfill hazardous waste site located
on Ebey Island between Steamboat Slough and Ebey Slough in the
Snohomish River delta system between Everett and Marysville,
Washington. The Site was listed on the National Priorities List (NPL)
on April 25, 1995 (60 FR 20350). Subject to review by the public
pursuant to this Notice, the agreement has been approved by the United
States Department of Justice. Below are listed the 11 parties who have
executed the proposed Administrative Order on Consent:
Ace Tank & Equipment Co.; Bill Pierre Ford; Crowley Marine
Services, Inc./Puget Sound Tug & Barge; Delta Marine; Evergreen
Washelli Memorial Park Co., Inc.; McFarland Wrecking Corporation;
Mehrer Drywall, Inc.; Peoples National Bank (U.S. Bank of Washington,
N.A.); Sato Corporation; Seafood Processing (CITYICE Cold Storage);
Smith & Son, Inc.
The EPA is entering into this agreement under the authority of
sections 122(g), 106 and 107 of CERCLA, 42 U.S.C. 9622(g), 9606 and
9607. Section 122(g) authorizes settlements with de minimis parties to
allow them to resolve their liabilities at Superfund sites without
incurring substantial transaction costs. Under this authority, the
agreement proposes to settle with parties in the Tulalip Landfill case
who each are responsible for less than 0.2% of the volume of hazardous
substances at the site.
In February and March 1988, EPA contractor Ecology & Environment,
Inc. (E&E) performed a site inspection of the landfill for NPL
evaluation. The inspection revealed groundwater contamination with
unacceptably high levels of arsenic, barium, cadmium, chromium, lead,
mercury, and silver. Water samples taken in the wetlands adjacent to
the site showed exceedences of marine chronic criteria for cadmium,
chromium, and lead, as well as exceedences in marine acute criteria for
copper, nickel, and zinc. In addition, a variety of metals were found
in on-site pools and leachate. The study concluded that contamination
was migrating off site. On July 29, 1991, EPA proposed adding the
Tulalip Landfill to the NPL, and on April 25, 1995, with the support of
the Governor of the State of Washington and the Tulalip Tribes of
Washington, EPA published the final rule adding the Site to the NPL.
EPA is performing a Remedial Investigation (RI) and Feasibility
Study (FS) in two parts pursuant to an Administrative Order on Consent
with several potentially responsible parties. The first part, which has
been completed, evaluated various containment alternatives for the
landfill source area, which includes approximately 147 acres in which
waste was deposited. The second part evaluates the off-source areas,
which include the wetlands and tidal channels that surround the
landfill source area. On March 1, 1996, EPA issued a Record of Decision
that selected an interim remedial action for the source area. The
selected interim remedy requires installation of an engineered, low-
permeability cover over the source area of the landfill, at an
estimated cost of $25.1 million.
The proposed settlement requires each settling party to pay a fixed
sum of money based on their volumetric share. The total amount to be
recovered from the proposed settlement is $238,283. The amount paid
will be deposited in the Tulalip Landfill Special Account within the
EPA Hazardous Substances Superfund to be used for the cover over the
source area at the landfill. Upon full payment, each settling party
will receive a release from further civil or administrative liabilities
for the Site and statutory contribution protection under Section
122(g)(5) of CERCLA, 42 U.S.C. 9622(g)(5).
EPA will receive written comments relating to this proposed
settlement for a period of thirty (30) days from the date of this
publication.
The proposed agreement may be obtained from Cindy Colgate, Office
of Environmental Cleanup (ECL-113), 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-1815. The Administrative Record for this
settlement may be examined at the EPA's Region 10 office located at
1200 Sixth Avenue, Seattle, Washington 98101, by contacting Bob
Phillips, Superfund Records Manager, Office of Environmental Cleanup
(ECL-110), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
6699.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 41 U.S.C. 9601-9675.
Charles E. Findley,
Acting Regional Administrator.
[FR Doc. 98-7938 Filed 3-25-98; 8:45 am]
BILLING CODE 6560-50-U