[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Page 64084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30953]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6190-7]
Notice of Proposed Settlement; Talisman Sugar Corporation
Properties, Palm Beach and Hendry Counties, Florida
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed settlement.
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SUMMARY: Under the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), and under section 7003(d) of the Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. 6973(d), the United
States Environmental Protection Agency (EPA) proposes to enter into a
``prospective purchaser agreement'' (PPA) concerning property owned by
the Talisman Sugar Corporation (``Talisman'') in Palm Beach and Hendry
Counties, Florida. EPA proposes to enter into the PPA with The Nature
Conservancy (``TNC''), a non-profit District of Columbia corporation,
and the South Florida Water Management District, (the ``District''), a
special ad valorem taxing authority established by the Florida
legislature, which is responsible for management of water delivery in
South Florida. The PPA concerns the acquisition by TNC and the District
of certain real property presently owned or leased by Talisman in Palm
Beach and Hendry Counties, Florida.
The real property in question (the ``Property'') consists of
approximately 50,757 acres in the Everglades Agricultural Area
(``EAA''). Most of the Property is currently owned by Talisman, but the
Property includes certain parcels leased by Talisman. The Property is
the subject of a Purchase and Sale Agreement between Talisman and the
TNC (the ``Purchase and Sale Agreement''), dated July 2, 1998, which
gives TNC the right to purchase Talisman's interest in the Property.
TNC is also a party to a Cooperative Agreement with the United
States Department of the Interior and the District (the ``Cooperative
Agreement''), dated July 24, 1998, pursuant to which portions of the
Property may be transferred to the District. The purpose of TNC's and
the District's participation in the Purchase and Sale Agreement and/or
Coopertive Agreements is to further restoration of the Florida
Everglades ecosystem. The PPA obligates TNC and the District to manage
portions of the Property that they acquire in a manner that is
consistent with the comprehensive Everglades restoration program
envisioned by the Cooperative Agreement.
Pursuant to the PPA, TNC and the District will be protected from
CERCLA liability and from liability under section 7003(d) of RCRA, 42
U.S.C. 6973(d), which may arise from their participation in the
acquisition of the Property, as described above. This protection is
contingent on TNC's and the District's management of the property as
described above.
EPA will consider public comments on the proposed settlement for
thirty (30) days. Commenters may request an opportunity for a public
meeting in the affected area, in accordance with section 7003(d) of
RCRA, 42 U.S.C. 6973(d). EPA may withdraw from or modify the proposed
settlement should public comments disclose facts or considerations
which indicate the proposed settlement is inappropriate, improper or
inadequate.
Copies of the proposed settlement are available from Ms. Paula V.
Batchelor, Waste Management Division, U.S. EPA, Region 4, Atlanta
Federal Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-8909.
Written comments may be submitted to Ms. Batchelor within thirty
(30) calendar days of the date of publication.
Franklin E. Hill,
Chief, Program Services Branch, Waste Management Division.
[FR Doc. 98-30953 Filed 11-17-98; 8:45 am]
BILLING CODE 6560-50-M
