[Federal Register: March 13, 2001 (Volume 66, Number 49)]
[Notices]
[Page 14515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr01-22]
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DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Notice of Settlement Pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act
AGENCY: Agricultural Research Service.
ACTION: Notice of settlement.
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SUMMARY: Notice is hereby given that a proposed Settlement Agreement in
the matter of: USDA Cotton Research Station, Shafter, Kern County,
California, Kern County Agt. #1098-2000, was entered into by the United
States Department of Agriculture, Agricultural Research Service (USDA),
and the County of Kern, a political subdivision of the State of
California (County), pursuant to Section 122(h)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. 6922(h)(1), and the Federal Tort Claims Act (FTCA), 28 U.S.C.
1346(b), 2671, et seq. The Settlement Agreement resolves any claims
that the United States may have against the County under section 7 of
CERCLA, 42 U.S.C. 9607, for response costs incurred at the former USDA
Cotton Research Station, located on the Shafter Experimental Farm
(Site), near Shafter, California. The Settlement Agreement also
resolves any claims that the County may have against the United States
under CERCLA and the FTCA for damages resulting from contamination at
the Site. Finally, the Settlement Agreement authorizes USDA to conduct
a proposed response action by implementing a Closure Plan at Drywell
No. 1 at the Site.
The proposed Settlement Agreement provides that the United States
will covenant not to sue, subject to certain reservation of rights, the
County pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), to
recover response costs relating to the Site. The proposed Settlement
Agreement also provides that the County will release the United States
from liability relating to the Site, including under CERCLA, FTCA, or
State law.
USDA will receive, for a period of thirty (30) days from the date
of this publication, comments relating to the proposed settlement. In
accordance with section 122(i)(3) of CERCLA, 42 U.S.C. 9622(i)(3), USDA
may modify or withdraw its consent to this Agreement if comments
received disclose facts or considerations which indicate that this
Agreement is inappropriate, improper, or inadequate. Comments should be
addressed to Mr. Michael P. Blanchette at the United States Department
of Agriculture, Agricultural Research Service, Safety, Health, and
Environmental Management Branch, 5601 Sunnyside Avenue, Mail Stop 5127,
Beltsville, Maryland 20705-5127, and should refer to In The Matter of:
USDA Cotton Research Station, Shafter, Kern County, California, Kern
County Agt. #1098-2000.
The proposed Settlement Agreement may be examined at the office of
Mr. Alvin Humphrey, Area Safety and Health Manager, Pacific West Area,
Agricultural Research Service, USDA, 800 Buchanan Street, Albany,
California 94710. A copy may also be requested by mail from Mr.
Humphrey.
Dated: February 12, 2001.
Edward B. Knipling,
Associate Administrator, Agricultural Research Service.
[FR Doc. 01-6204 Filed 3-12-01; 8:45 am]
BILLING CODE 3410-03-U
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