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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 6 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

July 29, 2002 

Robert E. Bamburg, Esq. 

Jacksonville City Attorney 

303 N. James Street 

Jacksonville, Arkansas 72078 

Re: Rogers Road Landfill Superfund NPL Site 

Dear Mr. Bambvirg: 

This is to follow up on my correspondence and communications with you in 1999-2000 

over the issue of restrictive covenants on the Rogers Road Landfill (the site) formerly operated . 

by the City of Jacksonville (the city). On May 3, 2000, you wrote in response to my inquiry that 

the city was continuing to pursue title search work in order to support an action to quiet title on 

the site real property. According to information previously provided by you, the site property 

was in private hands, and the determination of ownership thereof was a difficult endeavor. You 

stated that you would provide me with a copy of any action filed to quiet title, which must be 

done in order to record the necessary restrictive covenants. 

As you know, the lack of the restrictive covenants on the site property continues to be the 

only apparent barrier preventing the site deletion firom the EPA Nafional Priorities List (NPL). 

To date, I have not been provided with a copy of a complaint to quiet title. I would appreciate 

your furnishing current infonnation on the status of this longstanding issue, so that EPA may 

evaluate its options with respect to the site. If you have any questions, please do not hesitate to 

call me at (214) 665-3159. 

incerely yours. 

James L. Tumer 

Senior Attorney (6RC-S) 

cc: Mayor Tommy Swaim 

9050356 

Internet Address (URL) - htlpV/www.epa.qov/earttil r6/ 

Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) 

002229
July 29, 2002 

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 follow up on my correspondence and communications with you in 1999-2000 

over the issue of restrictive covenants on the Rogers Road Landfill (the site) formerly operated 

by the City of Jacksonville (the city). On May 3, 2000, you wrote in response to my inquiry that 

the city was continuing to pursue title search work in order to support an action to quiet fitle on 

the site real property. According to information previously provided by you, the site property 

was in private hands, and the determination of ownership thereof was a difficult endeavor. You 

stated that you would provide me with a copy of any action filed to quiet title, which must be 

done in order to record the necessary restrictive covenants. 

As you know, the lack of the restrictive covenants on the site property continues to be the 

only apparent barrier preventing the site deletion from the EPA National Priorities List (NPL). 

To date, I have not been provided with a copy of a complaint to quiet fitle. I would appreciate 

your furnishing current information on the status of this longstanding issue, so that EPA may 

evaluate its options with respect to the site. If you have any questions, please do not hesitate to 

call me at (214) 665-3159. 

Sincerely yours. 

James K Tumer 

Senior Attomey (6RC-S) 

cc: Mayor Tommy Swaim 

6RC-S:JTyMBR:jlt:x3159:072902 File: c:\Rogersrd\Bamburg072902 

002230