[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Notices]
[Pages 43731-43732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21700]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5875-3]


Notice of Proposed Agreement and Covenant Not to Sue, Hastings 
Ground Water Contamination Superfund Site, Colorado Avenue Subsite

    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. Section 101 et 
seq., Hastings Ground Water Contamination Superfund Site, Colorado 
Avenue Subsite, Hastings, Nebraska.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed agreement and covenant not to sue, Hastings 
Ground Water Contamination Superfund Site, Colorado Avenue Subsite.

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SUMMARY: Notice is hereby given that a proposed agreement and covenant 
not to sue regarding property which the City of Hastings intends to 
purchase at the Hastings Ground Water Contamination Superfund Site, 
Colorado Avenue Subsite, was signed by the United States Environmental 
Protection Agency (EPA) on July 3, 1997 and by the United States 
Department of Justice on July 31, 1997. The property that is the 
subject of this agreement is the portion of the Union Pacific Right of 
Way that is located at the Subsite (Property). The Subsite is bounded 
by Kansas Avenue, South Street, Pine Avenue, and the Burlington

[[Page 43732]]

Northern Santa Fe Railway Company tracks in Hastings, Nebraska.

DATES: EPA will receive comments for a period of September 15, 1997.

ADDRESSES: Comments should be addressed to Audrey Asher, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 726 Minnesota Avenue, Kansas City, KS 66101 and 
should refer to Hastings Ground Water Contamination Superfund Site, 
Colorado Avenue Subsite Agreement and Covenant Not to Sue.
    The proposed agreement and covenant not to sue may be examined or 
obtained in person or by mail at the office of the United States 
Environmental Protection Agency, Region VII, 726 Minnesota Avenue, 
Kansas City, KS 66101 (913) 551-7255. In requesting a copy, please 
refer to the referenced case and enclose a check in the amount of 
$10.25 (25 cents per page reproduction costs), payable to the United 
States Environmental Protection Agency.

SUPPLEMENTARY INFORMATION: Soil and ground water at the Colorado Avenue 
Subsite are contaminated with hazardous substances attributable to 
historic manufacturing operations at a manufacturing facility located 
at 108 S. Colorado Avenue. The proposed agreement concerns Property 
located east of the 108 S. Colorado Avenue facility.
    EPA has issued unilateral administrative orders to former and 
current owner/operators of the 108 S. Colorado Avenue facility, 
requiring these parties to design and implement a Source Control 
Remedial Action and a Ground Water Remedial Action.
    Under the proposed agreement and covenant not to sue, the City of 
Hastings agrees to provide access to the Property for implementation of 
response actions at the Subsite and to reserve a portion of the 
Property for the installation of industrial water lines to be used for 
response activities. In exchange for the access, the United States 
grants a limited covenant not to sue, intended to release the City from 
liability which otherwise would stem from ownership of the Property.

    Dated: August 6, 1997.
Martha R. Steincamp,
Acting Regional Administrator, United States Environmental Protection 
Agency, Region VII.
[FR Doc. 97-21700 Filed 8-14-97; 8:45 am]
BILLING CODE 6560-50-M