[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Pages 32090-32091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11564]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6600-3]


Notice of Proposed Agreement and Covenant Not To Sue Pursuant to 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (CERCLA), As Amended, 42 U.S.C. 101, Nahant Marsh Site, 
Davenport, IA

AGENCY: Environmental Protection Agency.

ACTION:  Notice of Proposed Agreement and Covenant Not to Sue, Nahant 
Marsh Site, Davenport, Iowa.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a proposed agreement and covenant 
not to sue regarding property which the City of Davenport, Iowa intends 
to purchase at the Nahant Marsh Superfund Site, was signed by the 
United States Environmental Protection Agency (USEPA) on December 30, 
1999, and by the United States Department of Justice on April 13, 2000. 
The property that is the subject of this agreement is owned by the 
Scott County Sportsmen's Association and is located at 4740 Wapello 
Avenue, Davenport, Iowa.

DATES: EPA will receive, on or before June 21, 2000, written comments 
relating to the proposed agreement and covenant not to sue.

ADDRESSES: Comments should be addressed to E. Jane Kloeckner, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 901 N. Fifth Street, Kansas City, Kansas 66101 and 
should refer to the Nahant Marsh Superfund Site.
    The proposed agreement and covenant not to sue (Agreement) may be 
examined or obtained in person or by mail at the office of the United 
States Environmental Protection Agency, 901 No. Fifth Street, Kansas 
City, Kansas 66101, (913) 551-7010. In requesting a copy, please refer 
to the reference case and enclose a check in the amount of $14.25 (25 
cents per page reproduction costs), payable to the United States 
Environmental Protection Agency.

SUPPLEMENTARY INFORMATION: The Nahant Marsh Site is part of a unique 
wetland located along the Upper Mississippi River. Soil and sediments 
at the Nahant Marsh site were contaminated with hazardous substances 
attributable to historic shooting range operations at the Scott County 
Sportsmen's Association Trap and Skeet Shooting Club facility. EPA 
investigations at the Site indicated a severe, acute ecological threat 
due to the lead shot contamination in the sediments. A threat to 
recreational users at the Site was also present due to the lead shot in 
the soil. EPA conducted a removal action at the Site in 1999 to 
mitigate these threats. The proposed agreement concerns the sale of the 
Association's facility and land.
    EPA entered into a Consent Decree with the Scott County Sportsmen's 
Association to resolve the Association's liability under CERCLA for 
their operations which caused the release of hazardous substances at 
the facility. The Consent Decree settles claims by the United States, 
against Scott County Sportsmen's Association (SCSA) under Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9607. The Complaint of the United 
States seeks past and future CERCLA response costs incurred by EPA 
connection with the Nahant Marsh Superfund Site (the Site) and for 
damages for injuries to natural resources at the Site as determined by 
the Department of the Interior (Interior) and the United States Fish 
and Wildlife Service, the Natural Resource Trustee.
    The Consent Decree requires SCSA to record a conservation easement 
for its property at the Site in favor of the Iowa Natural Heritage 
Foundation (INHF) for preservation of the land as a reserve for 
wildlife and to prevent residential, commercial and industrial 
development of the land. The SCSA is required to transfer ownership of 
its property at the Site to the City of Davenport, Iowa (the City), and 
notify EPA of the transfer. The SCSA has no assets other than the 
property it owns within the Site. All proceeds from the sale will be 
paid to the United States. The Consent Decree with SCSA is also subject 
to public comment pursuant to a separate Federal Register notice.
    Pursuant to the Agreement with the City of Davenport that is the 
subject of this Federal Register notice, the City has agreed to 
purchase the property at its appraised value, to take the property 
subject to the conservation easement, to restrict residential or 
commercial development, and to use the property for environmental 
education purposes.

[[Page 32091]]

In exchange, the United States grants a covenant not to sue, intended 
to release the City from liability which otherwise would stem from 
ownership of the Property. The City agrees to pay the purchase price to 
EPA ($81,000) and to DOI ($5,000). The purchase price is in accordance 
with fair market value of the property as determined by an appraiser 
and appraisal approved by the Department of Justice. Under the terms of 
the Agreement and Covenant Not to Sue, the City will also place a 
restrictive covenant on the land that restricts residential 
development. In exchange, the City will receive a covenant not to sue 
for response actions and costs relating to the Site pursuant to Section 
107(a) of CERCLA. The City will also receive a covenant not to sue for 
natural resource damages under CERCLA.

    Dated: April 24, 2000.
Nathaniel Scurry,
Acting Regional Administrator, United States Environmental Protection 
Agency, Region VII.
[FR Doc. 00-11564 Filed 5-19-00; 8:45 am]
BILLING CODE 6560-50-M