[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Notices]
[Page 37471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18043]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5537-1]
Notice of Proposed Agreement and Covenant Not To Sue Pursuant to
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), as Amended, et seq., Osage Metals Superfund Site,
Kansas City, Kansas
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed agreement and covenant not to sue, Osage
Metals Superfund Site, Kansas City, Kansas.
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SUMMARY: Notice is hereby given that a proposed agreement and covenant
not to sue regarding the Site at 120 Osage Avenue, Kansas City, Kansas,
was signed by the United States Environmental Protection Agency (EPA)
on May 7, 1996 and approved by the United States Department of Justice
on May 24, 1996.
DATES: EPA will receive, until August 19, 1996, written comments
relating to the proposed agreement and covenant not to sue.
ADDRESSES: Comments should be addressed to Audrey Asher, Senior
Assistant Regional Counsel, United States Environmental Protection
Agency, Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101 and
should refer to the Osage Metals Superfund Site Agreement and Covenant
Not to Sue.
The proposed agreement and covenant not to sue may be examined or
obtained in person or by mail at the office of the United States
Environmental Protection Agency, Region VII, 726 Minnesota Avenue,
Kansas City, KS 66101 (913) 551-7255. In requesting a copy please refer
to the referenced case and enclose a check in the amount of $10.25 (25
cents per page reproduction costs), payable to the United States
Environmental Protection Agency.
SUPPLEMENTARY INFORMATION: The proposed agreement concerns the 1.7-acre
Osage Metals Superfund Site (``Site''), located at 120 Osage Avenue in
Kansas City, Kansas. The Site was the location of metals salvage and
reclamation facilities between 1948 and 1993. Samples taken at the Site
in 1994 found polychlorinated biphenyls (``PCBs'') in surface soils at
levels as high as 334 mg/kg, and lead contamination in levels as high
as 56,600 mg/kg. The EPA approved a removal action at the Site on
February 13, 1995, and began cleanup in March of 1995. It completed its
work in October of 1995. As of October 31, 1995, EPA had incurred costs
in excess of $1.1 million exclusive of interest. On June 26, 1995, EPA
perfected a CERCLA lien on the Site to secure its $1.1 million in
response costs.
The Site owner and the Site operator, who are liable for the United
States' response costs as owner and operator of the Site, have no
valuable assets except for their personal residence, personal cars and
the Site itself. Under the terms of a separate agreement, the owner has
agreed to transfer title to the property (Site) to W.W. Land Company,
L.L.C. (U.S. v. Noreen Greenberg et al., Civil Action 96-2289-JWL).
Under the proposed agreement and covenant not to sue, the W.W. Land
Company, L.L.C. will pay the United States $80,000 in exchange for a
Covenant Not to Sue for Past Removal Costs and the release of the
CERCLA lien now attached to the property. The W.W. Land Company, which
had no part in the activities that gave rise to the United States'
response costs of the Site, plans to build and operate a commercial
warehouse on the Site.
Dated: July 2, 1996.
William Rice,
Acting Regional Administrator, United States Environmental Protection
Agency, Region VII.
[FR Doc. 96-18043 Filed 7-17-96; 8:45 am]
BILLING CODE 6560-50-M
