[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Page 42091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11822]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8203-2]

Proposed Agreement for Settlement of Response Costs, Site Access, 
Institutionial Controls and Conditional Convenant Not To Sue for 
the Superior Waste Rock Superfund Site, Mineral County, MT


Environmental Protection Agency.

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 Mineral County Montana; the Town of 
Superior, Montana; and the Superior School District, Montana 
(collectively, ``Settling Parties''). The Settling Parties will 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, 
the Settling Parties receive a Covenant Not to Sue from EPA. The EPA 
has incurred response costs totaling approximately $1,109,446.43 
through February 28, 2006, and any additional Response Costs through 
the present date. EPA alleges that Settling Parties are Potentially 
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 by Settling Parties and 
based upon this information, EPA has determined that none of the three 
Settling Parties has the financial ability to pay for Response Costs 
incurred and to be incurred at the Site. The Settling Parties agree to 
provide EPA access at all reasonable times to the Site and to any other 
property owned or controlled by the Settling Parties for the purpose of 
conducting any response activity related to the Site. The 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, ongoing operations and maintenance of the 
containment cell or protectiveness of the Site response. Such 
restrictions are defined as Institutional Controls, and are part of the 
subject Agreement. The Settling Parties agree to fulfill all Notice and 
Recording requirements associated with the terms of the subject 
Agreement.
    The Settling Parties have executed and recorded certain 
Institutional Controls in the Office of the Clerk and Recorder of 
Mineral County, Montana and provided EPA with a certified copy of the 
original recorded Institutional Controls, 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, the Resource Conservation 
and Recovery Act (RCRA), and any other applicable statutes or 
regulations. EPA's covenant not to sue is conditioned upon the 
satisfactory performance by the 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 the Settling Parties. The 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 concerning this Agreement are due by August 24, 2006. 
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 will place its response to any comments received 
as a result of this Notice, the proposed Agreement and additional 
background information relating to the Agreement in the Superfund 
Records Center where documents are available for public inspection. The 
EPA Superfund Record Center is located at 999 18th Street, Suite 300, 
5th Floor, in Denver, Colorado. Comments and requests for a copy of the 
proposed Agreement should be addressed to Maureen O'Reilly, Enforcement 
Specialist, Environmental Protection Agency--Region 8, Mail Code 8ENF-
RC, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, and should 
reference the Superior Waste Rock Superfund Site, SSID 08ER, 
Mineral County, Montana.

FOR FURTHER INFORMATION CONTACT: Steven Moores, Enforcement Attorney, 
Legal Enforcement Program, Environmental Protection Agency--Region 8, 
Mail Code 8ENF-L, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, (303) 312-6857.

    Dated: July 12, 2006.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, Region VIII.
 [FR Doc. E6-11822 Filed 7-24-06; 8:45 am]
BILLING CODE 6560-50-P