98-7973. Notice of Proposed Prospective Purchaser Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Under the Clean Water Act

[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Notices]
[Pages 14731-14732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7973]


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DEPARTMENT OF JUSTICE


Notice of Proposed Prospective Purchaser Agreement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and Under the Clean Water Act

    Notice is hereby given that a proposed Prospective Purchaser 
Agreement (``PPA'') was executed on March 6, 1998, by the U.S. 
Environmental Protection Agency (``EPA''), and approved on March 6, 
1998, by the U.S. Department of the Interior (``DOI''), and is subject 
to final approval by the U.S. Department of Justice. The proposed PPA 
would resolve certain potential claims under Sections 106 and 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9606 and 9607, and under section 311(b)(3) of the Clean 
Water Act, 42 U.S.C. 1321(b)(3), against the City of Aurora, Colorado, 
acting by and through its Utility Enterprise, as the prospective 
purchaser of the Hayden Ranch located in Lake County, Colorado (the 
``prospective purchaser''). The PPA would require the prospective 
purchaser to provide access to the United States for the implementation 
of potential future removal actions by or at the direction of EPA, or 
environmental restoration activities by or at the direction of DOI, on 
the Hayden Ranch, located in Lake County, Colorado, in response to past 
mining activities in areas hydrologically upstream of the Hayden Ranch 
property, and in particular at the California Gulch Superfund Site. 
Such access would allow for the construction of a permanent repository 
on the Hayden Ranch, and placement of tailings in such repository which 
may be excavated from various fluvial tailings locations in an eleven-
mile reach of the upper Arkansas River basin. The prospective purchaser 
would be obligated to provide for the long-term maintenance and 
monitoring associated with such improvements made by or at the 
direction of EPA or DOI. The prospective purchaser would further be 
required to provide the United States limited water rights for a three 
year period in connection with EPA's removal actions or DOI's 
environmental restoration activities on the Hayden Ranch.
    EPA and DOI will receive for a period of fifteen (15) days from the 
date of this publication comments relating to the PPA. Comments should 
be addressed to William P. Yellowtail, Regional Administrator, U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, CO 80202.
    The proposed PPA may be examined at the Superfund Records Center, 
U.S. Environmental Protection Agency, Region VIII, 999 18th Street, 
Fifth Floor, North Terrace, Denver, CO 80202. A copy of the proposed 
Prospective Purchaser Agreement may be obtained in person, by mail 
from, or by calling the Superfund Records Center, U.S. Environmental 
Protection Agency, Region VIII, 999 18th Street, Suite 500,

[[Page 14732]]

Denver, CO 80202, telephone number [phone].
Walker B. Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-7973 Filed 3-25-98; 8:45 am]
BILLING CODE 4410-15-M