Proposed CERCLA De Minimis Waste Contributor Administrative Order on Consent for the Ninth Avenue Dump Site

摘要

U.S. EPA proposes to address the potential liability of the Institute of Gas Technology (``IGT'') under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 (``SARA''), Pub. L. 99-499, in connection with the Ninth Avenue Dump Site (``the Facility'') by execution of a CERCLA de minimis waste contributor Administrative Order on Consent (``AOC'') prepared pursuant to 42 U.S.C. 9622(g). The key terms and conditions of the AOC may be briefly summarized as follows: (1) IGT would agree to a settlement amount of $1,019,723.53, U.S. EPA would credit IGT for $340,863.00 for the amount already contributed by IGT toward the cleanup of the Facility, and, accordingly, IGT would pay $678,860.53 to the Hazardous Substance Superfund; (2) U.S. EPA would covenant not to sue IGT for ``covered matters'' which are defined as any and all civil liability in connection with the Facility for reimbursement of response costs or for injunctive relief pursuant to CERCLA Sections 106 and 107 and RCRA Section 7003; (3) IGT would agree to the following reservations of rights and