.p°''''^. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

3J 

^ M I REGION 6 

° ^SA Z ^ ^'^'^^ ^^^^ AVENUE. SUITE 1200 

^^^iji^Q * DALLAS, TX 75202-2733 

September 26, 2005 

Robert E. Bamburg, Esq. 

, Jacksonville City Attorney 

303 N. James Street 

Jacksonville, Arkansas 72078 

Re: Rogers Road Landfill Superfund NPL Site 

Dear Mr. Bamburg: 

This is to confirm our recent telephone and electronic mail (email) discussions in 

connection with the request of the United States Environmental Protection Agency (EPA) Region 

6 that the City of Jacksonville arrange with the Rogers Road Landfill Site (Site) owner to grant 

the City an environmental easement and restrictive covenants that would be recorded in the 

county deed records and be enforceable by the EPA as a third party beneficiary. This sort of 

institutional control is required of the City under the City's 1994 consent decree with the EPA. 

See United States v. City of Jacksonville, CA. No. LR-C-94-196, E.D.Ark. 

On September 7, 2005, after consultation with the EPA Office of General Counsel, I 

furnished you via email an Adobe® pdf file smooth draft of such a document, based on modified 

EPA model language. You indicated to me that it looked good, and you would have just a few 

comments on it, which you should be able to telefax to me soon. I have again been in email 

contact with you this date and look forward to hearing fi-om you soon. 

As I indicated previously, 1 am sorry about the unfortunate theft of your business property 

that occurred the week before last and sincerely hope that you have been able to work through 

those losses. If you have any questions, please do not hesitate to call me at (214) 665-3159. 

Sincerely yours, 

James L. Turner 

Senior Attorney ' ^^ 

Office of Regional Counsel 9050350 

internet Address (URL) • http:/Awww,epa.gov 

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

002294
September 26, 2005 

Robert E. Bamburg, Esq. 

Jacksonville City Attorney . 

303 N. James Street -

Jacksonville, Arkansas 72078 

Re: Rogers Road Landfill Superfund NPL Site 

Dear Mr. Bamburg: 

This is to confirm our recent telephone and electronic mail (email) discussions in 

connection with the request of the United States Environmental Protection Agency (EPA) Region 

6 that the City of Jacksonville arrange with the Rogers Road Landfill Site (Site) owner to grant 

the City an environmental easement and restrictive covenants that would be recorded in the 

county deed records and be enforceable by the EPA as a third party beneficiary. This sort of 

institutional control is required of the City under the City's 1994 consent decree with the EPA. 

See United States V. City of Jacksonville, C.A.'No.LR-C-94-\96,E.^.I^^. 

On September 7, 2005, after consultation with the EPA Office of General Counsel, I 

fumished you via email an Adobe® pdf file smooth draft of such a document, based on modified 

EPA model language. You indicated to me that it looked good, and you would have just a few 

comments on it, which you should be able to telefax to me soon. I have again been in email 

contact with you this date and look forward to hearing from you soon. 

As I indicated previously, I am sorry about the unfortunate theft of your business property 

that occvirred the week before last and sincerely hope that you have been able to work through 

those losses. If you have any questions, please do not hesitate to call me at (214) 665-3159. 

Sincerely yours, 

p7 

James L. Tumer 

Senior Attorney 

Office of Regional Counsel 

6RC-S:JTURNE«^t:x3159:092605 File: c:\Rogersrd\Corres\Bamburg092605 

002295