# Proposed CERCLA Administrative De Minimis SettlementChemical Handling Corporation Site, Jefferson County, Colorado

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-30031

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** November 14, 1997
- **Citation:** 62 FR 61114

## Text

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5921-2]

Proposed CERCLA Administrative De Minimis Settlement--Chemical
Handling Corporation Site, Jefferson County, Colorado

AGENCY: Environmental Protection Agency.

ACTION: Notice and Request for Public Comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of Section 122(i) of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a
proposed administrative de minimis settlement under section 122(g) of
CERCLA, 42 U.S.C. 9622(g), concerning the Chemical Handling Corporation
site located at 11811 Upham Street, near the City of Broomfield, in
unincorporated Jefferson County, Colorado (``Site''), with the settling
parties listed in the Supplementary Information portion of this notice.
The settlement, embodied in a proposed Administrative Order on Consent
(``AOC''), is designed to resolve fully each settling party's liability
at the Site through a covenant not to sue under sections 106 and 107 of
CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of the Resource
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The proposed
AOC requires the Potentially Responsible Parties (``PRPs'') listed in
the Supplementary Information section below to pay an aggregate total
of $131,646.24 to address their liability to the United States related
to response actions taken at the Site.

OPPORTUNITY FOR COMMENT: For thirty (30) days following the date of
publication of this notice, the Agency will consider all comments
received and may modify or withdraw its consent to the settlement if
comments received disclose facts or considerations which indicate that
the settlement is inappropriate, improper, or inadequate. The Agency's
response to any comments received will be available for public
inspection at the EPA Superfund Record Center, 999 18th Street, 5th
Floor, in Denver, Colorado. Commenters may request an opportunity for a
public meeting in the affected area in accordance with Section 7003(d)
of RCRA, 42 U.S.C. 6973(d).

DATES: Comments must be submitted on or before December 15, 1997.

ADDRESSES: The proposed settlement and additional background
information relating to the settlement are available for public
inspection at the EPA Superfund Record Center, 999 18th Street, 5th
Floor, in Denver, Colorado. Comments and requests for a copy of the
proposed settlement should be addressed to Carol Pokorny, Enforcement
Specialist (8ENF-T), Technical Enforcement Program, U.S. Environmental
Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466, and should reference the Chemical Handling Corporation Site,
Jefferson County, Colorado and EPA Docket No. CERCLA VIII-97-05.

FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist
(8ENF-T), Technical Enforcement Program, U.S. Environmental Protection
Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, (303)
312-6970.

SUPPLEMENTARY INFORMATION: Notice of proposed administrative de minimis
settlement under section 122(g) of CERCLA, 42 U.S.C. 9622(g): In
accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), notice is
hereby given that the terms of the Administrative Order on Consent
(``AOC'') have been agreed to by the following settling parties, for
the following amounts (where the name of a party is followed by a ``/
,'' that indicates that the name following the
``/'' is the name of the party as it appears on the AOC signature
page):

AOC Cercla, VIII-97-05
------------------------------------------------------------------------
Settlement
Name of party amount
------------------------------------------------------------------------
ADK Pressure Equipment Corp/Joslyn Company, LLC......... $2,129.10
Advantage Advertising................................... 263.72
Antique Refinisher, Inc................................. 263.72
B.F. Pirelli's/Brad Fukui............................... 263.72
Boyd Distributing/Boyd Investment Co.................... 131.86
Cascade Collision/Cascade Collision, Inc................ 131.86
Chemcraft Sadolin International/Robert Schwartz......... 5,221.61
Coat Rite/Coats and Colors, Inc......................... 145.04
Don's Auto Body......................................... 580.66
E/M Corporation/West Lafayette Corporation.............. 8,148.88
E.T.I. Tank Cleaners/Southern Tank Cleaning, Inc........ 725.22

[[Page 61115]]

Easter-Owens Electric Co................................ 4,180.77
Econo Auto Painting (Little Rock)....................... 2,535.56
Econo Auto Painting (Little Rock)
Econo Auto Painting (Sherwood)
Ed Black's Chevrolet Center/Casa Chevrolet.............. 1,305.40
Front Range Dodge/Front Range Auto, Inc................. 395.58
Golden Geophysical/Fairfield Industries Incorporated.... 967.77
GTE Maintenance Department/GTE Southwest, Inc........... 19,581.04
Hallmark Cabinets....................................... 638.73
Harpers/FHL Group....................................... 4,206.30
Hoffmantown Body Shop................................... 851.64
J.M. Martinac Shipbuilding/J.M. Martinac Shipbuilding
Corporation............................................ 12,348.76
Kevin's Body Shop/Kevin's Auto Body and Paint........... 851.64
King Fiber Glass Corp., Fiber Resin Supply Div./CMI/
Composite Materials Inc................................ 10,026.11
Kresco Industrial Coatings/RFI Industries Inc........... 263.72
Lazer Products/Paper Manufacturers Company.............. 263.72
Martin Marrietta ISG/Lockheed Martin.................... 145.04
Metaltech Industries, Inc............................... 1,374.24
New Mexico State Land Office............................ 92.30
Odyssey Transportation/Odyssey Transportation Inc., of
Nevada................................................. 741.71
Pacific Enterprises Oil Co.............................. 870.27
Partridge Industrial Coatings........................... 5,535.65
Peachwood HOA, Inc./Peachwood Homeowners Association.... 448.32
Pollard Friendly Motor Co............................... 580.66
Precision Body Shop Volkswagen/Suzuki/Precision Sales
and Service Inc./RDS Inc............................... 1,793.28
Precision Prefinish Inc./Precision Prefinishing, Inc.... 3,336.03
Rovalve, Technaflow/Technaflow, Inc..................... 5,366.66
Smith.Wolf Construction................................. 5,037.01
Sorrells Body Shop, Inc................................. 212.91
Spradley Lincoln Mercury................................ 395.58
Starr Corp./Starr Corp. International................... 387.11
Starwood Air Service/Aspen Base Operation, Inc.......... 263.72
Teledyne Getz (Denseo)/Teledyne Water Pik, division of
Teledyne Industries, Inc............................... 9,871.27
Teledyne Pines (H & H Tool)/Edward W. Slavin, Jr........ 425.82
Television Technology, Inc./Larcan--TTC................. 4,471.10
Town & Country Auto Center/Emanuel Bugelli.............. 395.58
Twin City Optical/Twin City Optical Co., Inc............ 395.58
United Express--Air Wisconsin/Air Wisconsin Airlines
Corporation............................................ 4,645.30
Verticel Honeycomb/Hexacomb Corporation................. 2,109.74
Western Slope Refining.................................. 6,329.23
---------------
Total............................................... 131,646.24
------------------------------------------------------------------------

By the terms of the proposed AOC, the setting parties will pay a
combined $131,646.24 to the Hazardous Substance Superfund. This payment
represents approximately 4.6% of the $2,859,862.00 in response costs
that EPA has incurred through March 31, 1997. EPA estimates that the
total response costs incurred and to be incurred at or in connection
with the Site by the United States and by private parties is between
$2,926,862.00 and $3,000,000.00. To date, approximately $1,000,000.00
of these response costs have been recovered, primarily through earlier
de minimis settlements. The setting parties under this AOC arranged for
the disposal of 42,351.25 gallons of hazardous substances to the Site.
This amount represents approximately 3.55% of the 1,193,613.15 gallons
of hazardous substances manifested to the Site by all generators, both
de minimis and non-de minimis.
In exchange for payment, EPA will provide the settling parties with
a covenant not to sue under sections 106 and 107(a) of CERCLA, 42
U.S.C. 9606 and 9607(a), and under section 7003 of the Solid Waste
Disposal Act, as amended (also known as the Resource Conservation and
Recovery Act), which will resolve fully each settling party's liability
at the Site.
The amount that each individual PRP will pay, as shown above, was
based upon the number of gallons of hazardous substances manifested to
the Site. The total amount of settlement dollars owed by each party to
the settlement was arrived at by multiplying the cost per gallon by the
number of gallons a party manifested to the Site (``Base Amount'') and
then adding to this amount a premium payment equal to 9% or 60% (see
discussion below) of the Base Amount. The cost per gallon of
$2.1494287739 was derived by dividing the estimated total response
costs at the time of calculation of $2,887,862.00 by the 1,193,613.15
total gallons of hazardous substances manifested to the Site.
To be eligible for the de minimis settlement, each PRP must have
contributed no more than .7% of the total volume of hazardous
substances manifested to the Site. PRPs that were identified or located
subsequent to EPA's first de minimis settlement offer in March 1996
were allowed to participate in the current proposed settlement at the
9% premium level. PRPs that had been offered the opportunity to
participate in EPA's first de minimis settlement offer in March 1996,
but chose not to do so, have been allowed to participate in the current

[[Page 61116]]

proposed de minimis settlement at a 60% premium level.
It is so agreed:

Dated: November 5, 1997.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and
Environmental Justice, U.S. Environmental Protection Agency, Region
VIII.
[FR Doc. 97-30031 Filed 11-13-97; 8:45 am]
BILLING CODE 6560-50-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-30031. Public record. Not legal advice.