Proposed CERCLA 122(h) Administrative Agreement for Collection of Past Costs

USEPA is proposing to execute an Administrative Agreement (Agreement) under section 122 of CERCLA for collection of a percentage of past response costs at the SCD Chemical Superfund Site. The Settling Party, the Bankruptcy Trustee for the bankruptcy estate of the owner of the property upon which the Superfund Site is located, has agreed, to pay 50% of the net proceeds of sale of the Site property (after payment of the real estate broker's commission, transfer taxes, and closing costs, and liens, such as real property taxes). The property was sold for $150,000 and the proposed distribution to EPA from the sale has been determined by the parties to be 39,768.63. The Settling Party would receive an agreement to make no further claim against the Debtor's estate for its response costs, except for the proposed distribution from the proceeds of the sale of the Subject Property. USEPA today is proposing to execute this Agreement because it provides reimbursement to USEPA for part of its past costs at the SCD Chemical Site.