[Federal Register Volume 66, Number 232 (Monday, December 3, 2001)]
[Notices]
[Pages 60210-60211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29867]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7111-2]
Notice of Proposed Prospective Purchaser Agreement Pursuant to
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as Amended by the Superfund Amendments and Reauthorization
Act, the Resource Conservation Recovery Act, and the Missouri Hazardous
Waste Law, Sentinel Wood Treating Site, Ava Douglas County, MO
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposal of prospective purchaser agreement for the Sentinel
Wood Treating Site.
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SUMMARY: Notice is hereby given that a proposed prospective purchaser
agreement associated with the Sentinel Wood Treating Site, located in
Ava, Douglas County, Missouri, was executed by the Agency on October
25, 2001, the Missouri Department of Natural Resources on November 7,
2001, the Missouri Attorney General's Office on October 22, 2001, the
City of Ava on October 19, 2001, and concurred upon by the United
States Department of Justice on October 22, 2001. The Site is an
inactive woodtreating facility. The agreement, between the City of Ava,
Missouri (``the purchaser''), the United States Environmental
Protection Agency (``EPA''), and the Missouri Department of Natural
Resources (``MDNR'') is subject to final approval after the comment
period. The Prospective Purchaser Agreement would resolve
[[Page 60211]]
certain potential EPA claims under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended by the
Superfund Amendments and Reauthorization Act of 1986 (``CERCLA''), and
potential MDNR claims under the Missouri Hazardous Waste Law.
Under this proposed agreement, the purchaser would be required to
sample, if necessary, and dispose of contaminated materials that are
excavated during road construction and related construction activities,
restrict access to two ponds located north of the Site, and refrain
from any activity which disturbs the former lagoon area of the Site and
the ground water drainage diversion system at the Site. The purchaser
must also provide to EPA copies of all construction plans at least
thirty (30) days in advance of construction activities. Further, the
settlement also requires the purchaser to restrict the use of ground
water and ensure non-interference with the performance, operation, and
maintenance of any selected response action.
The purchaser is required to grant access to the property to EPA,
its authorized officers, employees, representatives, and all other
persons performing response actions under EPA oversight. If the
purchaser fails to comply with the terms of the Agreement and Covenant
Not to Sue, the purchaser would be liable for all litigation and other
enforcement costs incurred by the United States to enforce this
Agreement.
This notice is also hereby given in accordance with section 7003(d)
of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C.
6973(d). The proposed settlement includes an EPA covenant not to sue
the purchaser pursuant to section 7003 of RCRA, 42 U.S.C. 6973.
Commenters may request an opportunity for a public meeting in the
affected area in accordance with section 7003(d) of RCRA, 42 U.S.C.
6973(d).
For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
proposed settlement. The Agency's response to any comments received
will be available for public inspection at the U.S. Environmental
Protection Agency, Region VII, 901 North 5th Street, Kansas City,
Kansas 66101, and the information repository for the Sentinel Wood
Treating site located at the Douglas County Public Library, Ava,
Missouri.
DATES: Comments must be submitted on or before January 2, 2002.
Availability: The proposed settlement is available for public
inspection at the U.S. Environmental Protection Agency, Region VII, 901
North 5th Street, Kansas City, Kansas 66101, and the information
repository for the Sentinel Wood Treating Site located at the Douglas
County Public Library, Ava, Missouri. A copy of the proposed agreement
may be obtained from Alyse Stoy, Assistant Regional Counsel, U.S.
Environmental Protection Agency, Region VII, 901 North 5th Street,
Kansas City, Kansas 66101. Comments should reference ``The Sentinel
Wood Treating Site Prospective Purchaser Agreement'' and should be
forwarded to Alyse Stoy, at the above address.
FOR FURTHER INFORMATION CONTACT: Alyse Stoy, Assistant Regional
Counsel, Office of Regional Counsel, United States Environmental
Protection Agency, Region VII, 901 North 5th Street, Kansas City,
Kansas 66101, (913) 551-7826.
Dated: November 16, 2001.
James B. Gulliford,
Regional Administrator, Region VII.
[FR Doc. 01-29867 Filed 11-30-01; 8:45 am]
BILLING CODE 6560-50-P