ON AUGUST 19, 2003, REGION III SENT A PROPOSED DE MINIMIS SETTLEMENT IN CONNECTION WITH THE WALSH LANDFILL (A/K/A WELSH ROAD AND BARKMAN LANDFILL) SUPERFUND SITE ( SITE ) TO THE DEPARTMENT OF JUSTICE ( DOJ ) FOR APPROVAL. THE DE MINIMIS PARTIES, WHO GENERATED LIQUID WASTES THAT WERE DISPOSED OF AT THE SITE, ARE: DART CONTAINER CORPORATION OF PENNSYLVANIA, INC.; PENGUIN INDUSTRIES, INC.; AND REEVES BROTHERS, INC. UNDER THE TERMS OF THE PROPOSED SETTLEMENT, EPA WILL RECOVER $413,203.49 WHICH WILL BE PUT INTO A SPECIAL ACCOUNT TO BE USED FOR FUTURE RESPONSE ACTIONS IN CONNECTION WITH THE SITE.
THE REGION RECEIVED PRIOR WRITTEN APPROVAL FROM THE DIRECTOR OF THE OFFICE OF SITE REMEDIATION ENFORCEMENT, OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, TO INCLUDE A MUNICIPAL SOLID WASTE COMPONENT IN THIS SETTLEMENT PURSUANT TO EPA'S POLICY FOR MUNICIPALITY AND MUNICIPAL SOLID WASTE CERCLA SETTLEMENTS AT NPL CO-DISPOSAL SITES (MSW POLICY ). THE MSW POLICY WAS USED TO DETERMINE THE RATE PER TON THAT THE DE MINIMIS PARTIES WILL BE CHARGED FOR THEIR MSW CONTRIBUTIONS TO THE SITE. THIS WILL BE THE FIRST DE MINIMIS SETTLEMENT IN THE REGION IN WHICH EPA'S MSW POLICY WILL BE USED TO DETERMINE A PORTION OF THE SETTLEMENT AMOUNT. WHEN THE CONSENT DECREE IN THIS MATTER IS SIGNED BY DOJ, IT WILL BE LODGED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FOR A THIRTY-DAY COMMENT PERIOD.