[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34576-34577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16933]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8931-9]


Proposed Agreement Regarding Site Work, Site Costs, Site Access, 
and Covenants Not To Sue for the Evening Star Mine Site, Boulder 
County, CO

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement; request for public comment.

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SUMMARY: In accordance with the requirements of section 122(h)(1) of 
the Comprehensive Environmental Response Compensation, and Liability 
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is 
hereby given of the proposed administrative settlement under section 
122(h) of CERCLA, 42 U.S.C. 9622(h) between the U.S. Environmental 
Protection Agency (``EPA'') and The County of Boulder (The Settling 
Party). The Settling Party consents to and will not contest the 
authority of the United States to enter into this Agreement or to 
implement or enforce its terms. In return, the Settling Party will 
receive Covenants Not to Sue from EPA. The EPA alleges that the 
Settling Party is a responsible party pursuant to Section 107(a) of 
CERCLA, 42 U.S.C. 9607(a), and is jointly and severally liable for 
response costs incurred and to be incurred at or in connection with the 
Site.
    The Settling Party agrees to perform work at the Site. The work to 
be implemented generally includes, but is not limited to, removing a 
road that was installed to access the Site, adding rip-rap material 
below waste rock impoundments, securing the Site, maintaining the soil 
cover and vegetation of the re-graded waste rock areas, and to take 
over operation and maintenance of the Site. The Settling Party also 
will pay within 30 days after the effective date of this Proposed 
Agreement $193,572.52 for Site Past Response Costs. EPA retains all of 
its access authorities and rights, including enforcement authorities 
related thereto, under CERCLA, RCRA, and any other applicable statutes 
or regulations. This covenant not to sue is conditioned upon the 
satisfactory performance by the Settling Party of their obligations 
under this Agreement. The Settling Party recognizes that this Agreement 
has been negotiated in good faith and that this Agreement is entered 
into without the admission or adjudication of any issue of fact or law.

DATES: Comments must be submitted on or before August 17, 2009. For 
thirty

[[Page 34577]]

(30) days following the date of publication of this notice, the Agency 
will receive written comments relating to the agreement. The Agency 
will consider all comments received and may modify or withdraw its 
consent to the agreement if comments received disclose facts or 
considerations that indicate that the agreement is inappropriate, 
improper, or inadequate.

ADDRESSES: The Agency's response to any comments, the proposed 
agreement and additional background information relating to the 
agreement is available for public inspection at the EPA Superfund 
Record Center, 1595 Wynkoop Street, Denver, Colorado. Comments and 
requests for a copy of the proposed agreement should be addressed to 
Michael Rudy, Enforcement Specialist, Environmental Protection Agency--
Region 8, Mail Code 8ENF-RC, 1595 Wynkoop Street, Denver, Colorado 
80202-1129, and should reference the Evening Star Mine Site, Boulder 
County.

FOR FURTHER INFORMATION CONTACT: Michael Rudy, Enforcement Specialist, 
Environmental Protection Agency, Region 8, Mail Code 8ENF-ENF, at the 
above address, (303) 312-6332.

    Dated: July 8, 2009.
Kelcey Land,
Acting Director, Technical Enforcement Program, Office of Enforcement, 
Compliance and Environmental Justice, U.S. Environmental Protection 
Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
[FR Doc. E9-16933 Filed 7-15-09; 8:45 am]
BILLING CODE 6560-50-P