[Federal Register: December 21, 1998 (Volume 63, Number 244)]
[Notices]               
[Page 70405-70406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de98-81]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6205-7]

 
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, Arkansas River Ranch

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: Notification is hereby given that a Proposed Prospective 
Purchaser Agreement (PPA) associated with the Arkansas River Ranch 
property (Property) located in Lake County, Colorado was executed by 
the United States Department of Justice. This Agreement is subject to 
final approval after the comment period. The PPA would resolve certain 
potential EPA claims under sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended by the Superfund Amendments and Reauthorization Act of 1986 
(CERCLA), and would resolve certain potential U.S. Department of 
Interior claims under section 107 of CERCLA and section 311(b)(3) of 
the Clean Water Act, against the State of Colorado, acting by and 
through the Division of Parks and Outdoor Recreation, the prospective 
purchaser (purchaser).
    The settlement would require the purchaser to provide maintenance 
and monitoring of areas within the Property where response and/or 
restoration activities have occurred, cooperate in establishing, if 
necessary, land use restrictions on portions of the Property, and to 
maintain the Property as open space, parks, wildlife habitat and 
recreational space. The purchaser intends to use the purchased property 
for open space, parks, wildlife habitat and recreational space. The 
purchaser agreed to provide EPA with an irrevocable right of access to 
the Property, to conduct all activities in compliance with all 
applicable local, State, and federal laws and regulations, and to 
exercise due care at the Property.
    The purchaser will record a certified copy of the PPA with the 
local Clerk and Recorder's Office, and thereafter, each deed, title, or 
other instrument conveying an interest in the Property shall contain a 
notice stating that the Property is subject to the Agreement.
    For Fourteen (14) 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 settlement 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 Richard Sisk (8ENF-L), Attorney, U.S. Environmental 
Protection Agency, Region VIII, 999 18th Street, Denver, Colorado 
80202. Comments should reference the ``Arkansas River Ranch Prospective 
Purchaser Agreement'' and should be forwarded to Richard Sisk at the 
above address.

FOR FURTHER INFORMATION CONTACT: Richard Sisk (8ENF-L), Attorney, U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, Denver, 
Colorado 80202. (303) 312-6638.

    It is so agreed:


[[Page 70406]]


    Dated: December 11, 1998.
Sharon Kercher,
Acting Assistant Administrator, Office of Enforcement, Compliance, and 
Environmental Justice, U.S. Environmental Protection Agency, Region 
VIII.
[FR Doc. 98-33743 Filed 12-18-98; 8:45 am]
BILLING CODE 6560-50-P