[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Page 58970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28870]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5916-1]


Proposed Agreement and Covenant Not To Sue Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, as Amended by the Superfund Amendments and Reauthorization Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (CERCLA), 42 U.S.C. 9601 et 
seq., notice is hereby given that a proposed Agreement and Covenant not 
to Sue associated with the College of the Canyons Smelter Site in Canon 
City, Colorado, was executed by the Agency on October 2, 1997 and by 
the Department of Justice on August 3, 1997. The Agreement and Covenant 
not to Sue would resolve certain potential EPA claims under sections 
106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607 against the Purchaser, 
Rocky Acres, a common law trust. The settlement would require the 
Purchaser to fill and level an excavation on the property, to route 
rainfall runoff so as to prevent erosion, and to provide access to its 
property to allow EPA and any other parties to conduct cleanup and/or 
monitoring activities. The Purchaser would receive contribution 
protection as provided under section 113(f)(2) of CERCLA, 42 U.S.C. 
9613(f)(2).

DATES: The Agency will receive written comments relating to the 
proposed settlement on or before December 1, 1997.

ADDRESSES: The proposed agreement and additional background information 
relating to the settlement are available for public inspection at the 
Superfund Record Center, 999 18th Street, 5th Floor, North Tower, 
Denver, Colorado, during normal business hours. A copy of the proposed 
agreement may be obtained by contacting Andrew Lensink at (303) 312-
6908. Comments should reference the ``College of the Canyons Smelter 
Site'' and ``EPA Docket No. CERCLA VIII-97-69'' and should be addressed 
to Andrew Lensink, Senior Enforcement Attorney, (8ENF-L), U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado, 80202-2405.

FOR FURTHER INFORMATION CONTACT: Andrew Lensink, Senior Enforcement 
Attorney, at (303) 312-6908.

    Dated: October 9, 1997.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance, 
and Environmental Justice, Region VIII.
[FR Doc. 97-28870 Filed 10-30-97; 8:45 am]
BILLING CODE 6560-50-P