Agreement and Covenant Not To Sue Pursuant to Sections 9601-9675 of the Comprehensive Environmental Response, Compensation, and Liability Act

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In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), the U.S. Environmental Protection Agency (``EPA''), Region II, announces a proposed administrative settlement under CERCLA for a ``prospective purchaser'' relating to a portion of the former Marathon Battery Company Superfund Site (``Site''). The Site is located in the Village of Cold Spring, Putnam County, New York City, New York. This notice is being published pursuant to Section 122(i) of CERCLA to inform the public of the proposed settlement and of the opportunity to comment. EPA will consider any comments received during the comment period, which begins on December 20, 1996 and concludes on January 19, 1997, and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations which indicate that the proposed settlement is inappropriate, improper, or inadequate. The proposed administrative settlement has been memorialized in an Agreement and Covenant Not to Sue (``Agreement'') between EPA and Scenic Hudson Land Trust, Inc. (``Respondent''). The Agreement will become effective a