Proposed CERCLA Section 122(h) Cost Recovery Settlement for the H.M. Quackenbush, Inc. Superfund Site, Herkimer, Herkimer County, NY

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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), notice is hereby given by the U.S. Environmental Protection Agency ("EPA"), Region II, of a proposed cost recovery settlement agreement pursuant to Section 122(h) of CERCLA, 42 U.S.C. 9622(h), regarding the H.M. Quackenbush, Inc. Superfund Site ("Site") in Herkimer, Herkimer County, New York. The proposed settlement requires Frederick H. Hagar ("Settling Party"), CEO, Chairman and majority shareholder of H.M. Quackenbush, Inc., to pay EPA, in nine annual installments, $225,000.00, plus interest, for EPA's past response costs incurred at the Site. The Settling Party also agrees to pay $75,000.00 pursuant to a settlement with the Village of Herkimer into an interest-bearing escrow account for Site-related restoration purposes. If the escrow funds are not utilized by Herkimer within 5 years of the effective date of the Settlement Agreement, the escrow funds, plus accrued interest, shall be paid into the EPA Hazardous Substance Superfund. The settlement includes a covenant by EPA not to sue or to take administrative action aga