[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Notices]
[Page 7480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3367]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7623-7]
Agreement and Covenant Not To Sue: Union Pacific Railroad Company
AGENCY: Environmental Protection Agency.
ACTION: Prospective Purchaser Agreement/Agreement and Covenant Not To
Sue.
-----------------------------------------------------------------------
SUMMARY: As required by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as
amended (CERCLA), and the Resource Conservation and Recovery Act, 42
U.S.C. 6901, et seq., as amended (RCRA), notice is hereby given that an
Agreement and Covenant Not To Sue (``Agreement'') is proposed by the
United States (``U.S.'') on behalf of the Environmental Protection
Agency (``EPA''), the State of Colorado (``State'') on behalf of the
Colorado Department of Public Health and Environment (``CDPHE''), and
the Union Pacific Railroad Company (``Union Pacific'') (collectively
the ``Parties'' and singularly ``Party''). The following is a list of
CERCLA and RCRA sites covered under the Agreement.
1. The Broderick Wood Products Site (``Broderick'') is located at
5800 Galapago Street in unincorporated Adams County, Colorado.
Broderick consists of approximately 64 acres situated in a primarily
industrial area and was operated by Broderick Wood Products Company as
a wood treating facility from 1947 until 1982. The Broderick
remediation is now managed by the Broderick Investment Company
(``BIC'').
2. The Sand Creek Site (``Sand Creek'') is located at 52nd and
Dahlia St., approximately 5 miles northeast of Denver, Colorado in a
heavy industrial area. Sand Creek occupies about 550 acres. Sand Creek
includes properties that are vacant, industrially developed, and former
railroad right-of-ways owned by the Colorado and Eastern Railroad
Company or recently transferred to NDSC LLC, subject to a Union Pacific
option, and an active rail line and railroad right-of-way owned by the
Denver Rock Island Railroad. Sand Creek was listed on the National
Priorities List (NPL) in1982 and was deleted from the NPL in 1996.
3. The Chemical Sales Site (``Chemical Sales'') is located at 4661
Monaco Street in Denver, Colorado and covers approximately 5 square
miles. Chemical Sales is located in a light industrial area of
northeast Denver and was first developed in 1962 with construction of a
warehouse. Operations have included the storage and repackaging of bulk
chemicals. Chemical Sales was listed on the NPL in 1990.
4. The Woodbury Chemical Site (``Woodbury'') is located north of
54th Avenue between Harrison and Adams Streets in Commerce City,
Colorado. This 15-acre site was operated by Woodbury Chemical Company
as a pesticide production facility from the late 1950's until 1971.
Remediation was completed in 1992, and Woodbury was deleted from the
NPL in 1993.
5. The Koppers Site is an active industrial wood treating operation
adjacent and is just east of Broderick. Soil and groundwater
contamination has been identified and is being remediated by Koppers.
Union Pacific, a Delaware Corporation organized under the laws of
the State of Delaware, with its principal offices at 1416 Dodge Street
in Omaha, Nebraska, desires to acquire a perpetual easement or other
property interest in the above-described Properties in order to
establish a more direct east-west rail corridor through the north
Denver area. The Parties agree to undertake all actions required by the
terms and conditions of the Agreement and the Statement of Work. The
purpose of the Agreement is to settle and resolve, subject to
reservations and limitations, the potential liability of Union Pacific
for the existing contamination at the Sites, which liability would
otherwise result from Union Pacific becoming the owner of, or acquiring
a property interest in, the Sites. In consideration of and exchange for
the U.S. and the State's Covenant Not To Sue and Removal of Lien, Union
Pacific agrees to pay for or perform the remedy repair and replacement
work at the Sites and to reimburse EPA and CDPHE for their reasonable
oversight costs incurred in the oversight of Union Pacific's
performance of such work.
FOR FURTHER INFORMATION CONTACT: Richard Sisk, Legal Enforcement
Attorney (ENF-L) Legal Enforcement Program, U.S. Environmental
Protection Agency, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, (303) 312-6638. Please contact Sharon Abendschan, Enforcement
Specialist at (303) 312-6957 for requests for copies of the Agreement
and/or repository location(s) where supporting documentation may be
found and reviewed.
Dated: February 5, 2004.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and
Environmental Justice, U.S. Environmental Protection Agency, Region
VIII.
[FR Doc. 04-3367 Filed 2-13-04; 8:45 am]
BILLING CODE 6560-50-P