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Proposed Agreement Regarding Site Work, Site Costs, Site Access, and Covenants Not To Sue for the Evening Star Mine Site, Boulder County, CO

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

PDF Version (2 pp, 76K, About PDF)

[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Notices]
[Page 34576-34577]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy09-46]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8931-9]

Proposed Agreement Regarding Site Work, Site Costs, Site Access, and
Covenants Not To Sue for the Evening Star Mine Site, Boulder County, CO

AGENCY: 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 The County of Boulder (The Settling
Party). The Settling Party consents 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 Party will
receive Covenants Not to Sue from EPA. The EPA alleges that the
Settling Party is a responsible party pursuant to Section 107(a) of
CERCLA, 42 U.S.C. 9607(a), and is jointly and severally liable for
response costs incurred and to be incurred at or in connection with the Site.
    The Settling Party agrees to perform work at the Site. The work to
be implemented generally includes, but is not limited to, removing a
road that was installed to access the Site, adding rip-rap material
below waste rock impoundments, securing the Site, maintaining the soil
cover and vegetation of the re-graded waste rock areas, and to take
over operation and maintenance of the Site. The Settling Party also
will pay within 30 days after the effective date of this Proposed
Agreement $193,572.52 for Site Past Response Costs. EPA retains all of
its access authorities and rights, including enforcement authorities
related thereto, under CERCLA, RCRA, and any other applicable statutes
or regulations. This covenant not to sue is conditioned upon the
satisfactory performance by the Settling Party of their obligations
under this Agreement. The Settling Party recognizes 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 must be submitted on or before August 17, 2009. For thirty

[[Page 34577]]

(30) days following the date of publication of this notice, the Agency
will receive written comments relating to the agreement. 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'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, 1595 Wynkoop Street, Denver, Colorado. Comments and
requests for a copy of the proposed agreement should be addressed to
Michael Rudy, Enforcement Specialist, Environmental Protection Agency--
Region 8, Mail Code 8ENF-RC, 1595 Wynkoop Street, Denver, Colorado
80202-1129, and should reference the Evening Star Mine Site, Boulder County.

FOR FURTHER INFORMATION CONTACT: Michael Rudy, Enforcement Specialist,
Environmental Protection Agency, Region 8, Mail Code 8ENF-ENF, at the
above address, (303) 312-6332.

    Dated: July 8, 2009.
Kelcey Land,
Acting Director, Technical Enforcement Program, Office of Enforcement,
Compliance and Environmental Justice, U.S. Environmental Protection
Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
[FR Doc. E9-16933 Filed 7-15-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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