[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Notices]
[Page 42727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18159]



[[Page 42727]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7530-1]


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, Sand Creek Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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    Notification is hereby given that a Proposed Prospective Purchaser 
Agreement (PPA) associated with the Sand Creek Superfund Site located 
in Commerce City, Colorado was executed by the United States Department 
of Justice on June 3, 2003. This Agreement is subject to final approval 
after the comment period. The Prospective Purchaser Agreement would 
resolve 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), against NDSC, LLC., the prospective purchaser (the 
purchaser). The settlement would require the purchaser to provide EPA 
and the State of Colorado an irrevocable right of access, cash payments 
to EPA (90%) and the State of Colorado (10%) in the total amount of 
$290,000.00, and the grant of an environmental covenant, under Colorado 
law, that will place land use controls on the purchased properties 
consistent with the response actions conducted by EPA and the State of 
Colorado on these properties. The purchasers will use the Site property 
in conjunction with their landscaping business operations.
    For thirty (30) days following the date of publication of this 
document, 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 Superfund Records Center 
at the U.S. Environmental Protection Agency, Region VIII, 999 18th 
Street, Denver, Colorado, 80202.
    Availability: The proposed agreement is available for public 
inspection at the U.S. Environmental Protection Agency, Region VIII, 
999 18th Street, Denver, Colorado, 80202. A copy of the proposed 
Agreement may be obtained from Maureen O'Reilly, Enforcement 
Specialist, U.S. Environmental Protection Agency, Region VIII, 999 18th 
Street, Suite 300, ENF-T, Denver, Colorado, 80202. Comments should be 
sent to Maureen O'Reilly at the address above and should reference the 
``Sand Creek Superfund Site Prospective Purchaser Agreement, EPA Docket 
No. CERCLA-08-2003-0008''.

FOR FURTHER INFORMATION CONTACT: Richard Sisk, Enforcement Attorney, 
U.S. Environmental Protection Agency, Region VIII, 999 18th Street, 
Suite 300, ENF-L, Denver, Colorado, 80202, (303) 312-6638.

    Dated: June 27, 2003.
    It is so agreed:
Robert E. Roberts,
Regional Administrator, U.S. Environmental Protection Agency Region 8.
[FR Doc. 03-18159 Filed 7-17-03; 8:45 am]
BILLING CODE 6560-50-M