[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Notices]
[Pages 43731-43732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21700]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5875-3]
Notice of Proposed Agreement and Covenant Not to Sue, Hastings
Ground Water Contamination Superfund Site, Colorado Avenue Subsite
Notice of Proposed Agreement and Covenant Not to Sue Pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. Section 101 et
seq., Hastings Ground Water Contamination Superfund Site, Colorado
Avenue Subsite, Hastings, Nebraska.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed agreement and covenant not to sue, Hastings
Ground Water Contamination Superfund Site, Colorado Avenue Subsite.
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SUMMARY: Notice is hereby given that a proposed agreement and covenant
not to sue regarding property which the City of Hastings intends to
purchase at the Hastings Ground Water Contamination Superfund Site,
Colorado Avenue Subsite, was signed by the United States Environmental
Protection Agency (EPA) on July 3, 1997 and by the United States
Department of Justice on July 31, 1997. The property that is the
subject of this agreement is the portion of the Union Pacific Right of
Way that is located at the Subsite (Property). The Subsite is bounded
by Kansas Avenue, South Street, Pine Avenue, and the Burlington
[[Page 43732]]
Northern Santa Fe Railway Company tracks in Hastings, Nebraska.
DATES: EPA will receive comments for a period of September 15, 1997.
ADDRESSES: Comments should be addressed to Audrey Asher, Senior
Assistant Regional Counsel, United States Environmental Protection
Agency, Region VII, 726 Minnesota Avenue, Kansas City, KS 66101 and
should refer to Hastings Ground Water Contamination Superfund Site,
Colorado Avenue Subsite 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: Soil and ground water at the Colorado Avenue
Subsite are contaminated with hazardous substances attributable to
historic manufacturing operations at a manufacturing facility located
at 108 S. Colorado Avenue. The proposed agreement concerns Property
located east of the 108 S. Colorado Avenue facility.
EPA has issued unilateral administrative orders to former and
current owner/operators of the 108 S. Colorado Avenue facility,
requiring these parties to design and implement a Source Control
Remedial Action and a Ground Water Remedial Action.
Under the proposed agreement and covenant not to sue, the City of
Hastings agrees to provide access to the Property for implementation of
response actions at the Subsite and to reserve a portion of the
Property for the installation of industrial water lines to be used for
response activities. In exchange for the access, the United States
grants a limited covenant not to sue, intended to release the City from
liability which otherwise would stem from ownership of the Property.
Dated: August 6, 1997.
Martha R. Steincamp,
Acting Regional Administrator, United States Environmental Protection
Agency, Region VII.
[FR Doc. 97-21700 Filed 8-14-97; 8:45 am]
BILLING CODE 6560-50-M
