[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Notices]
[Pages 49009-49010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24838]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5893-9]


Proposed Administrative Order on Consent; Denver Radium--Operable 
Unit VIII Site, Denver County, CO

AGENCY: Environmental Protection Agency (U.S. EPA).

ACTION: Proposed section 122 (g)(4) and (h)(1) settlement.

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SUMMARY: In accordance with the requirements of section 122(g)(4) of 
the Comprehensive Environmental Response, Compensation, and Liability

[[Page 49010]]

Act, as amended (CERCLA), notice is hereby given of a proposed 
settlement agreement under section 122(g)(4) and (h)(1) concerning the 
Denver Radium/Operable Unit VIII Site in Denver County, Colorado (the 
Site). The proposed Administrative Order on Consent (AOC) requires a 
potentially responsible party (PRP), Burlington Northern and Santa Fe 
Railway Company, to pay a total of $75,000 to resolve its liability to 
the U.S. EPA related to response actions taken or to be taken at the 
Site.

DATES: Comments must be submitted on or before October 20, 1997.

ADDRESSES: Comments should be addressed to Wendy Silver, (8ENF-L), 
Legal Enforcement Program Attorney, U.S. Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 
80202-2466, and should refer to: In the Matter of: Denver Radium/
Operable Unit VIII Site Administrative Settlement Agreement No. CERCLA 
VIII-97-70.

FOR FURTHER INFORMATION CONTACT:
Rebecca Thomas (8EPR-SR), U.S. Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202-2466, (303) 
312-6552.

SUPPLEMENTARY INFORMATION: Notice of section 122(g)(4) and (h)(1) 
Administrative Order on Consent Settlement: in accordance with section 
122(g)(4) and (h)(1) of CERCLA, notice is hereby given that the terms 
of an Administrative Order on Consent (AOC) for a Settlement Agreement 
have been agreed to by the settling parties.
    By the terms of the proposed AOC, the settling party will pay 
$75,000 to the EPA Hazardous Substance Superfund. In exchange for 
payment, U.S. EPA will provide the settling party a covenant not to sue 
for liability under sections 106 and 107(a) of CERCLA.
    The Burlington Northern and Santa Fe Railway Company is the owner 
of the railroad right-of-way. The Respondent represents, and for the 
purposes of the settlement agreement, EPA accepts, that the 
Respondent's involvement with the Site is limited to ownership of the 
approximately 4.3 acre railroad right-of-way from 1887 until the 
present. The respondent did not conduct or permit the generation, 
storage, treatment, or disposal of any hazardous substance at Operable 
Unit VIII, and did not contribute to the release or threat of release 
of a hazardous substance at Operable Unit VIII through any act or 
omission. The amount that the settling party will pay was determined by 
allocating a percentage of response costs for the Denver Radium/
Operable Unit VIII Site. All clean-up work on the Burlington Northern 
and Santa Fe Railway Company property was completed by August 1993. 
Approximately, 5% of the volume of Operable Unit VIII contamination and 
.8% of sitewide contamination was found on the property owned by the 
Burlington Northern and Santa Fe Railway Company (formerly Atchison, 
Topeka, and Santa Fe Railroad Company). The Denver Radium Operable Unit 
VIII costs were calculated based on cost documentation and cost 
allocation performed by Region VIII's Cost Recovery staff.
    U.S. EPA will receive, for a period of thirty (30) days from the 
date of this publication, comments relating to the proposed 
administrative settlement agreement.
    A copy of the proposed AOC may be obtained in person or by mail 
from Sharon Abendschan, Enforcement Specialist (ENF-T), Environmental 
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, 
Colorado, 80202-2466, (303) 312-6957. Additional background information 
relating to the administrative settlement agreement is available for 
review at the Superfund Records Center at the above address.

    Dated: September 9, 1997.
Martin Hestmark,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice.
[FR Doc. 97-24838 Filed 9-17-97; 8:45 am]
BILLING CODE 6560-50-M