Settlement under the Hazardous Sites Cleanup Act [27 Pa.B. 4162] The Department of Environmental Protection (Department) under the authority of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.101--6020.1305), The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) has entered into an agreement regarding the sale of the Abramson Auto Wrecking Site, which is hydrogeologically downgradient from the Centre County Kepone Site (which is the site of Rutgers-Nease's operations). The settlement involves a Consent Order and Agreement (COA) between Nittany Commons, L.P. (the buyer of the site), Abramson Auto Wrecking (the seller of the site) and the Department.
The property which is the subject of this COA is a parcel of approximately 15 acres located on Pennsylvania Route 26 in College Township, Centre County, PA. The Abramson Auto Wrecking Site lies hydrogeologically downgradient from the Centre County Kepone Site, and contamination from the Centre County Kepone Site has entered the groundwater which flows underneath the Abramson Auto Wrecking Site. The Centre County Kepone Site is currently on the National Priorities List. The Centre County Kepone Site has been divided into separate operable units, and the final remedy for every operable unit has not yet been selected. The buyer of the Abramson Auto Wrecking property, Nittany Commons, L.P., is not presently a responsible person who is liable for response costs at the Abramson Auto Wrecking property or the Centre County Kepone Site. However, if Nittany Commons, L.P., acquires the property, it could become liable as an owner of the Abramson Auto Wrecking Site, under section 701 of HSCA and section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 E.S.C.A. §§ 9601, et seq.
Under the terms of the COA, Abramson Auto Wrecking's remedial obligations include monitoring groundwater and sampling soil to determine whether any contamination exists at the Site and if so, at what levels that contamination exists. Abramson Auto Wrecking further agrees to submit and implement, if applicable, a remedial investigation report and cleanup plan under Act 2.
Under the terms of the COA, the buyer Nittany Commons, L.P., agrees to pay the Department $10,000.00 for its share of costs incurred by the Department for the Abramson Auto Wrecking Site. Upon submitting that payment under the final COA, Nittany Commons, L.P., resolves its liability with the Department and is eligible for contribution protection under HSCA regarding matters addressed in the COA, as provided in sections 705(c)(2) of HSCA, 35 P. S. § 6020.705(c)(2). The COA also has provisions for access, non-interference with response actions, covenants not to sue, transferability of benefits and obligations and other matters.
This notice is provided under section 1113 of HSCA (35 P. S. § 6020.1113). That section also provides that ''settlement shall become final upon the filing of the Department's response to the significant written comments'' of this notice. The COA contains the specific terms of the settlement and it is available for public review and comment. The COA can be examined from 8 a.m. to 4 p.m. at the Department's office at 208 West Third Street, Williamsport, PA 17701, by contacting Mike Welch at (717) 321-6518. A public comment period on the COA will extend for 60 days from today's date. Persons may submit written comments regarding the COA to the Department within 60 days from this date by submitting them to Mike Welch at the above address.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 97-1320. Filed for public inspection August 15, 1997, 9:00 a.m.]
