Environmental Protection Agency
In accordance with section 122(I)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), and section 7003(d) of the Resource Conservation and Recovery Act, as amended (``RCRA''), notice is hereby given of a proposed administrative de minimis settlement under section 122(h)(1) of CERCLA and section 7003 of RCRA concerning the Lenz Oil Services, Inc., site (``Site'') in Lemont, Illinois. Subject to review and comment by the public pursuant to this Notice, the agreement has been approved by the United States Department of Justice. Pursuant to RCRA section 7003(d), upon public request EPA will provide for a public meeting in the vicinity of the Site to discuss this settlement. The settlement resolves an Environmental Protection Agency (EPA) claim under section 107(a) of CERCLA and section 7003 of RCRA, and a State of Illinois claim under section 22.2a of the Illinois Environmental Protection Act, against 618 parties who have executed binding certifications of their consent to the settlement, as listed below in the SUPPLEMENTARY INFORMATION section. However, the settlement is being modified as specified in an errata sheet to correct certain errors in the settlement documents and to supplement settlement terms relating to federal Agency settlors. Consequently, following the public comment period, each party who has executed a certification of its consent to the settlement will be provided with an opportunity to ratify the errata changes, or to withdraw from the settlement without penalty. The settlement requires the settling parties to pay a total of $4,029,002.91 to the Hazardous Substances Superfund, Lenz Oil Services, Inc., Special Account. In addition, the settlement requires the settling parties to pay to reimburse the State of Illinois a total of $1,240,446.20 for costs incurred relating to past response actions relating to the Site. The total of these payments by the settling parties is $5,269,449.11. Each settling party is required to pay an amount specified for that party in the settlement based upon the volume of waste that party contributed to the Site; except as to twelve parties, who are paying a lesser amount which is based upon an analysis of their ability to pay the settlement. Payments received shall be applied, retained or used to finance the response actions taken or to be taken at or in connection with the Site, including payments for past response costs, future oversight costs and/or other future costs of conducting the response. For thirty (30) days following the date of publication of this notice, and at the public meeting identified above, the Agency will receive written comments relating to the settlement. 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 Lemont Town Hall, 418 Main Street, Lemont, Illinois and at the EPA, Region 5, 7th Floor File Room, 77 West Jackson Boulevard, Chicago, Illinois.
Citation: 63 FR 57678
