42 U.S.C. 122(h), Proposed Administrative Agreement for Collection of CERCLA Past Costs

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EPA is proposing to execute an Administrative Agreement (Agreement) under section 122 of CERCLA for collection of a percentage of past response costs at the Gary Lagoons Superfund Site. Respondent has agreed, under an ability to pay analysis, to pay $16,000 out of total response costs of approximately $4,047,000, and will also relinquish title to the subject Site property to the Indiana Department of Natural Resources (IDNR), in return for a covenant not to sue and contribution protection from U.S. EPA, and a covenant not to sue for federal and state Natural Resource Damages claims from the the U.S. Department of the Interior (DOI) and the State of Indiana Departments of Environmental Management and Natural Resources. U.S. EPA today is proposing to execute this Agreement because it achieves protection of a portion of a very unique Dune and Swale ecological area.