[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Notices]
[Page 63759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18294]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8235-9]


Proposed Agreement and Covenant Not to Sue for Empire Canyon 
Site, Park City, UT

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et 
seq. (``CERCLA''), notice is hereby given of the proposed Agreement 
between the U.S. Environmental Protection Agency (``EPA'') and DV 
Luxury Resort, LLC. (``Settling Respondent'').
    The proposed Agreement relates to Settling Respondent's plan to 
build a resort hotel and condominium project at the Empire Canyon Site 
located in Park City, Summit County, Utah (the ``Site''). Settling 
Respondent is not a Potentially Responsible Party at the Site. Settling 
Respondent proposes to lease the Site from United Park City Mines, a 
Potentially Responsible Party that in 2003 entered into an 
Administrative Order on Consent with EPA for cleaning up historic mine 
waste at the Site. Pursuant to the proposed Agreement, the Settling 
Respondent would undertake additional cleanup at the Site appropriate 
so that the Site may be used for recreational purposes.
    The Settling Respondent has agreed to pay $38,000 to EPA in 
exchange for a covenant by EPA not to sue the Settling Respondent for 
certain response costs that may result from transporting mine wastes to 
the Richardson Flat Site for disposal. These funds will be deposited 
into the Special Account for the Richardson Flat Site. The Settling 
Respondent also agrees to pay EPA's oversight costs under this 
Agreement.

DATES: For thirty (30) days following the date of publication of this 
Notice, EPA will receive written comments relating to the above 
referenced Agreement. EPA 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 modification or 
withdrawal would be appropriate.

ADDRESSES: EPA'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, 999 
18th Street, Suite 300, 5th Floor, in Denver, Colorado. Comments and 
requests for copies 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 Empire Canyon Site, Park 
City, Summit County Utah.

FOR FURTHER INFORMATION CONTACT: Margaret J. (``Peggy'') Livingston, 
Enforcement Attorney, Legal Enforcement Program, Environmental 
Protection Agency-Region 8, Mail Code 8ENF-L, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466, (303) 312-6858.

    Dated: October 18, 2006.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, U.S. Environmental Protection Agency, Region 8.
 [FR Doc. E6-18294 Filed 10-30-06; 8:45 am]
BILLING CODE 6560-50-P