[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Notices]
[Page 33124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13566]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7505-8]


Notice of Proposed Prospective Purchaser Agreement Under the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, 42 U.S.C. 9601, et seq., as Amended (CERCLA), Des Moines TCE 
Superfund Site, Des Moines, IA, Docket No. CERCLA-07-2003-0156

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed prospective purchaser agreement, Des Moines 
TCE Superfund Site, Des Moines, Iowa.

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SUMMARY: Notice is hereby given that a proposed prospective purchaser 
agreement regarding the Des Moines TCE Superfund Site (Site) located in 
Des Moines, Iowa, was signed by the United States Environmental 
Protection Agency (EPA) on March 17, 2003, and signed by the United 
States Department of Justice (DOJ) on May 8, 2003.

DATES: EPA will receive until July 3, 2003, comments relating to the 
proposed prospective purchaser agreement.

ADDRESSES: Comments should be addressed to Daniel J. Shiel, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 901 N. 5th Street, Kansas City, Kansas 66101 and 
should refer to the Des Moines TCE Superfund Site Prospective Purchaser 
Agreement, Docket No. CERCLA-07-2003-0156.
    The proposed agreement may be examined or obtained in person or by 
mail from Daniel J. Shiel, United States Environmental Protection 
Agency, Region VII, 901 N. 5th Street, Kansas City, KS 66101, (913) 
551-7278.

SUPPLEMENTARY INFORMATION: The Site encompasses approximately 200 
acres, which is located in the south central portion of the city of Des 
Moines, Polk County, Iowa, adjacent to the Racoon River. The Site 
includes property owned by Dico, Inc. (Dico). The groundwater beneath 
Dico's property is heavily contaminated with trichloroethylene (TCE) 
and other volatile organic compounds (VOCs). Surface soil on much of 
Dico's property is contaminated with VOCs, pesticides, herbicides and 
metals. Interior building surfaces contain pesticide-laden dust, and 
building insulation materials include polychlorinated biphenyls (PCBs).
    The City of Des Moines (the City) plans to acquire a permanent 
roadway easement over approximately three (3) acres of Dico's property 
as right-of-way for the Martin Luther King Jr. Parkway Project. The 
City will reserve to Dico certain specified access rights to operate 
and maintain existing CERCLA response actions.
    As of the date the City acquires a permanent roadway easement, the 
United States covenants not to sue or take any other civil or 
administrative action against the City for any and all civil liability 
for injunctive relief or reimbursement of response costs pursuant to 
section 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a) with respect 
to the existing contamination.
    In consideration of the United States' Covenant Not to Sue, the 
City hereby covenants not to sue and not to assert any claims or causes 
of action against the United States with respect to the Site or this 
Agreement.
    The City will provide EPA, as of the date it acquires a permanent 
roadway easement, an irrevocable right of access at all reasonable 
times to any property to which EPA determines access is required for 
the implementation of response actions at the Site, to the extent of 
the City's interest in the property, for the purposes of performing and 
overseeing response actions at the Site under federal law.
    With regard to claims for contribution against the City, the City 
is entitled to protection from contribution actions or claims as 
provided by CERCLA section 113(f)(2), 42 U.S.C. 9613(f)(2) for matters 
addressed in this agreement.
    If the City fails to comply with the terms of this agreement, it 
shall be liable for all litigation and other enforcement costs incurred 
by the United States to enforce this Agreement or otherwise obtain 
compliance.

    Dated: May 16, 2003.
James B. Guilliford,
Regional Administrator, Region VII.
[FR Doc. 03-13566 Filed 6-2-03; 8:45 am]
BILLING CODE 6560-50-P