[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9947-9948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3941]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8293-8]
Proposed Agreement Regarding Site Costs, Site Access, Property
Use Restrictions, and Covenants Not To Sue for the Beaver Wood Product
Site, Flathead County, MT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed agreement; request for public comment.
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SUMMARY: In accordance with the requirements of section 122(h)(1) of
the Comprehensive Environmental Response Compensation, and Liability
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is
hereby given of the proposed administrative settlement under section
122(h) of CERCLA, 42 U.S.C. 9622(h) between the U.S. Environmental
Protection Agency (``EPA'') and Beaver Wood Products Incorporated,
Loretta Grosswiler, and Richard Grosswiler (``Beaver Wood Products'')
(collectively, ``Settling Parties''). Settling Parties consent to and
will not contest the authority of the United States to enter into this
Agreement or to implement or enforce its terms. In return, Settling
Parties will receive Covenants Not to Sue from EPA. EPA has incurred
response costs at the Site in an amount totaling $5,299,434.69. The EPA
alleges that the Settling Parties are a responsible parties pursuant to
Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and are jointly and
severally liable for response costs incurred and to be incurred at or
in connection with the Site. EPA has reviewed the Financial Information
submitted to determine whether Settling Parties are financially able to
pay Site response costs. Based upon this Financial Information, EPA has
determined that Settling Parties have no current financial ability to
pay for response costs incurred and to be incurred at the Site.
However, if the future Net Sales Proceeds for Transfer of all or any
portion of the Site Property equal or exceed $482,000.00, Settling
Parties shall pay to EPA 65% of all Net Sales Proceeds equaling or
exceeding $482,000.00. Additionally, within 90 days after closing on
the Transfer of the Property, and if Settling Parties are in compliance
with all requirements of this Agreement, EPA shall file a Release of
Notice of Federal Lien on the Site Property. Further, Settling Parties
agree to provide access to the Site and to any other property owned or
controlled by Settling Parties for the purpose of conducting any
necessary Site activity. Settling Parties shall refrain from using the
Site, or such other property, in any manner that would interfere with
or adversely affect the implementation, integrity, or protectiveness of
the Site response. Such restrictions are defined as Land Use
Restrictions and are included as an Appendix to this Agreement.
Settling Parties agree to fulfill all Notice and Recording
requirements. Within 45 days of entry of this Agreement, Settling
Parties shall execute and record the Land Use Restrictions in the
Office of the Clerk and Recorder of Flathead County, Montana and within
30 days of recording the Land Use Restrictions, Settling Parties shall
provide EPA with a certified copy of the original recorded Land Use
Restrictions, showing the clerk's recording stamps. Notwithstanding any
provision of this Agreement, EPA retains all of its access authorities
and rights, including enforcement authorities related thereto, under
CERCLA, RCRA, and any other applicable statutes or regulations. This
covenant not to sue is conditioned upon the satisfactory performance by
Settling Parties of their obligations under this Agreement. This
covenant not to sue is also conditioned upon the veracity and
completeness of the Financial Information provided to EPA by Settling
Parties. Settling Parties recognize that this Agreement has been
negotiated in good faith and that this Agreement is entered into
without the admission or adjudication of any issue of fact or law.
DATES: Comments must be submitted on or before April 5, 2007. For
thirty (30) days following the date of publication of this notice, the
Agency will receive written comments relating to the agreement. The
Agency will consider all comments received and may modify or withdraw
its consent to the agreement if comments received disclose facts or
considerations that indicate that the agreement is inappropriate,
improper, or inadequate.
ADDRESSES: The Agency's response to any comments, the proposed
agreement and additional background information relating to the
agreement is available for public inspection at the EPA Superfund
Record Center, 1595 Wynkoop Street, Denver, Colorado. Comments and
requests for a copy of the proposed agreement should be addressed to
Michael Rudy, Enforcement Specialist, Environmental Protection Agency--
Region 8, Mail Code 8ENF-RC, 1595 Wynkoop Street, Denver, Colorado
80202-1129, and should reference the Beaver Wood Products Site,
Flathead County, Montana.
[[Page 9948]]
FOR FURTHER INFORMATION CONTACT: Michael Rudy, Enforcement Specialist,
Environmental Protection Agency--Region 8, Mail Code 8ENF-RC, at the
above address, (303) 312-6332.
Dated: February 26, 2007.
Sharon L. Kercher,
Director, Technical Enforcement Program, Office of Enforcement,
Compliance, and Environmental Justice, Region 8.
[FR Doc. E7-3941 Filed 3-5-07; 8:45 am]
BILLING CODE 6560-50-P