^^"^ ^ ^ \ UNITED STATES ENVIRONIWENTAL PROTECTION AGENCY 

r ^S , I REGIONS 

o^^/7° 1445 ROSS AVENUE, SUITE 1200 

\''^^*^^ \ ,— F DALLAS, TX 75202-2733 

Febmary 15,2000 

Robert Bamburg, Esq. 

Attorney at Law Z 

P.O. Box 5913 9050364 

Jacksonville, Arkansas 7207i8 I 

Re: Rogers Road Landfill Superfund NPL Site 

Dear Mr. Bamburg: 

This confirms my telephone discussion with you of January 26, 2000 in connection with 

the Rogers Road Landfill Superfund National Priorities List (NPL) Site (Rogers Road), in your 

capacity as counsel to the City of Jacksonville, Arkansas. As you are aware, the NPL is a list of 

contaminated sites authorized by the Comprehensive Environmental Response Compensation & 

Liability Act (CERCLA), 42 U.S.C. § 9605. As we have discussed, the EPA has been involved ' 

in the process of having Rogers Road, along with its companion NPL site (the Jacksonville 

Municipal Landfill [JML site]) deleted from the NPL. 

Part of the NPL deletion process includes the assurance that all remedial actions set forth 

in the 1990 EPA CERCLA Record of Decision (ROD) have been completed in a satisfactory 

fashion. Your efforts in this regard on behalf of the City of Jacksonville are appreciated, and 

have assisted in the proposed deletion in the Federal Register of the JML site. With regard to 

Rogers Road, the only remaining requirement of the ROD is the necessity for implementation of 

institutional controls in the form of restrictive covenants. Previously, you have advised that 

Rogers Road is privately held and is occupied by a family, who apparently possess, but lack clear 

title to the property. You had indicated that an effort would be undertaken to identify all of the 

potential claimants to this property and to secure quit-claims or releases firom them. I understand 

that this was pursued, but ultimately was unsuccessful. 

In our recent phone discussion, you stated that on behalf of the City, you would assist an 

effort by other counsel to pursue an action in state court to quiet title on behalf of the possessors 

of the property. Your estimate was that this could very reasonably be accomplished by no later 

than June 1, 2000, following the Arkansas state law procedures for the same. I have conferred 

with our Superfund management on this matter, and their view is that this must be accomplished, 

along with the recording of restrictive covenants, by that date. Our EPA regional office has firm 

CERCLA site deletion commitments with EPA Headquarters that are connected with this site. I 

am sure that the leadership of the City of Jacksonville also believes that it is important to timely 

fi-ee up this site from the strictures of the NPL. 

Internet Addr9SS (URL) • http./Avww.epa.gov 

Recycled/Recyctabis « Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer) 

002122
I was very encouraged by our phone discussion. Once again, thanks for your sincere 

professional efforts and support on behalf of the City of Jacksonville. If you have any questions, 

please do not hesitate to call me at (214) 665-3159. 

Sincerely yours. 

James L. Turner 

Senior Attomey (6RC-S) 

002123
February 15,2000 

Robert Bamburg, Esq. -

Attorney at Law 

P.O. Box 5913 ' 

Jacksonville, Arkansas 72078 

Re: Rogers Road Landfill Superfund NPL Site 

Dear Mr. Bamburg: 

This confirms my telephone discussion with you of January 26, 2000 in connection with 

the Rogers Road Landfill Superfund National Priorities List (NPL) Site (Rogers Road), in your 

capacity as counsel to the City of Jacksonville, Arkansas. As you are aware, the NPL is a list of 

contaminated sites authorized by the Comprehensive Environmental Response Compensation & 

Liability Act (CERCLA), 42 U.S.C. § 9605.'AS we have discussed, the EPA has been involved 

in the process of having Rogers Road, along with its companion NPL site (the Jacksonville 

Municipal Landfill [JML site]) deleted from the NPL. 

Part of the NPL deletion process includes the assurance that all remedial actions set forth 

in the 1990 EPA CERCLA Record of Decision (ROD) have been completed in a satisfactory 

fashion. Your efforts in this regard on behalf of the City of Jacksonville are appreciated, and 

have assisted in the proposed deletion in the Federal Register of the JML site. With regard to 

Rogers Road, the only remaining requirement of the ROD is the necessity for implementation of 

institutional controls in the form of restrictive covenants. Previously, you have advised that 

Rogers Road is privately held and is occupied by a family, who apparently possess, but lack clear 

title to the property. You had indicated that an effort would be undertaken to identify all of the 

potential claimants to this property and to secure quit-claims or releases from them. I understand 

that this was pursued, but ultimately was unsuccessful. 

In our recent phone discussion, you stated that on behalf of the City, you would assist an 

effort by other counsel to pursue an action in state court to quiet title on behalf of the possessors 

of the property. Your estimate was that this could very reasonably be accomplished by no later 

than June 1, 2000, following the Arkansas state law procedures for the same. I have conferred 

with our Superfund management on this matter, and their view is that this must be accomplished, 

along with the recording of restrictive covenants, by that date. Our EPA regional office has firm 

CERCLA site deletion commitments with EPA Headquarters that are connected with this site. I 

am sure that the leadership of the City of Jacksonville also believes that it is important to timely 

free up this site from the strictures of the NPL. 

002124
1 was very encouraged by our phone discussion. Once again, thanks for your sincere 

professional efforts and support on behalf of the City of Jacksonville. If you have any questions, 

please do not hesitate to call me at (214) 665-3159. 

Sincerely yours. 

James L. Tumer 

Senior Attomey (6RC-S) 

6RC-S:JTmWER:jh:x3159:013100 File: c:\Rogersrd\Bamburg0215100 

002125