[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Notices]
[Pages 25860-25861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09917]


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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA 01-2021-0058; FRL-10023-44-Region 1]


Proposed CERCLA Administrative Cost Recovery Settlement: Former 
Healy School Site, Fall River, Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comments.

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SUMMARY: Notice is hereby given of a proposed administrative cost 
settlement for recovery of response costs concerning the Former Healy 
School Site, located in Fall River, Bristol County, Massachusetts, with 
the Settling Party, Spindle City Homes, Inc. To settle EPA's claim for 
recovery of response costs, which amount to approximately $1,577,000, 
the proposed settlement requires the Settling Party to pay EPA an 
amount equal to the sale price of the property of $450,000 minus $5,000 
for attorney fees, reasonable closing costs, reasonable broker's fees 
and any outstanding real estate taxes or other municipal liens owed to 
the City of Fall River at the time of the closing. In exchange, EPA 
will release its lien and provide the Settling Party with a covenant 
not to sue for the Site. For 30 days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the settlement for recovery of response costs.

DATES: Comments must be submitted by June 10, 2021.

ADDRESSES: Comments should be addressed to Michelle Lauterback, Senior 
Enforcement Counsel, Office of Regional Counsel, U.S. Environmental 
Protection Agency, 5 Post Office Square, Suite 100 (04-2), Boston, MA 
02109-3912, (617) 918-1774, [email protected], and should 
reference the Former Healy School Site, U.S. EPA Docket No: CERCLA 01-
2021-0058.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may 
be obtained from Stacy Greendlinger, Superfund and Emergency Management 
Division, U.S. Environmental Protection Agency, Region I, 5 Post Office 
Square, Suite 100 (02-2), Boston, MA 02109-3912, telephone number: 
(617) 918-1403, email address: greendlinger.stacy@epa.gov. Direct 
technical questions to Stacy Greendlinger and legal questions to 
Michelle Lauterback, Office of Regional Counsel, U.S. Environmental 
Protection Agency, Region I, 5 Post Office Square, Suite 100 (04-2), 
Boston, MA 02109-3912, telephone number: (617) 918-1774, email address: 
lauterback.michelle@epa.gov.

SUPPLEMENTARY INFORMATION: This proposed administrative settlement for 
recovery of response costs concerning the Former Healy School Site, 
located in Fall River, Bristol County, Massachusetts, is made in 
accordance with Section 122(h)(l) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA). EPA covenants not 
to sue or take administrative action against the Settling Party, 
Spindle City Homes, Inc., pursuant to Section 107(a) of CERCLA, 42 
U.S.C. 9607(a), for Response Costs. In exchange, the Settling Party 
agrees to pay to EPA an amount equal to the Net Sale Proceeds minus 
$5,000 for attorney fees and expenses. ``Net Sale Proceeds'' shall mean 
the $450,000 sales price set forth in the Purchase and Sale Agreement 
minus the sum of: (i) Any reasonable closing costs paid regarding the 
sale; (ii) any reasonable. broker's fees regarding the sale; and (iii) 
any outstanding real estate taxes or other municipal charges owed to 
the City of Fall River with respect to the Property that are paid to 
the City of Fall River at the time of closing. Payment of such amount 
shall be due within 48 hours of the closing of the sale of the property 
and within 14 days of receiving payment, EPA will provide Settling 
Party with a release of lien. The Agency will consider all comments 
received and may modify or withdraw its consent to this cost recovery 
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 Environmental Protection Agency--Region I, 5 
Post Office Square, Suite 100, Boston, MA 02109-3912. The Effective 
Date of the

[[Page 25861]]

Agreement is the date upon which EPA notifies Spindle City Homes, Inc. 
that the public comment period has closed and that such comments, if 
any, do not require that EPA modify or withdraw from the Agreement. If 
the closing of the sale of the Property pursuant to the Purchase and 
Sale Agreement does not take place on or before November 1, 2021, this 
Agreement is voidable at the discretion of EPA. The proposed settlement 
has been approved by the Environmental and Natural Resources Division 
of the United States Department of Justice.

Bryan Olson,
Director, Superfund and Emergency Management Division.
[FR Doc. 2021-09917 Filed 5-10-21; 8:45 am]
BILLING CODE 6560-50-P


