[Federal Register: October 31, 2006 (Volume 71, Number 210)]
[Notices]
[Page 63759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc06-46]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8235-9]
Proposed Agreement and Covenant Not to Sue for Empire Canyon
Site, Park City, UT
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed agreement; request for public comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et
seq. (``CERCLA''), notice is hereby given of the proposed Agreement
between the U.S. Environmental Protection Agency (``EPA'') and DV
Luxury Resort, LLC. (``Settling Respondent'').
The proposed Agreement relates to Settling Respondent's plan to
build a resort hotel and condominium project at the Empire Canyon Site
located in Park City, Summit County, Utah (the ``Site''). Settling
Respondent is not a Potentially Responsible Party at the Site. Settling
Respondent proposes to lease the Site from United Park City Mines, a
Potentially Responsible Party that in 2003 entered into an
Administrative Order on Consent with EPA for cleaning up historic mine
waste at the Site. Pursuant to the proposed Agreement, the Settling
Respondent would undertake additional cleanup at the Site appropriate
so that the Site may be used for recreational purposes.
The Settling Respondent has agreed to pay $38,000 to EPA in
exchange for a covenant by EPA not to sue the Settling Respondent for
certain response costs that may result from transporting mine wastes to
the Richardson Flat Site for disposal. These funds will be deposited
into the Special Account for the Richardson Flat Site. The Settling
Respondent also agrees to pay EPA's oversight costs under this
Agreement.
DATES: For thirty (30) days following the date of publication of this
Notice, EPA will receive written comments relating to the above
referenced Agreement. EPA 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 modification or
withdrawal would be appropriate.
ADDRESSES: EPA'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, 999
18th Street, Suite 300, 5th Floor, in Denver, Colorado. Comments and
requests for copies of the proposed Agreement should be addressed to
Maureen O'Reilly, Enforcement Specialist, Environmental Protection
Agency-Region 8, Mail Code 8ENF-RC, 999 18th Street, Suite 300, Denver,
Colorado 80202-2466, and should reference the Empire Canyon Site, Park
City, Summit County Utah.
FOR FURTHER INFORMATION CONTACT: Margaret J. (``Peggy'') Livingston,
Enforcement Attorney, Legal Enforcement Program, Environmental
Protection Agency-Region 8, Mail Code 8ENF-L, 999 18th Street, Suite
300, Denver, Colorado 80202-2466, (303) 312-6858.
Dated: October 18, 2006.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and
Environmental Justice, U.S. Environmental Protection Agency, Region 8.
[FR Doc. E6-18294 Filed 10-30-06; 8:45 am]
BILLING CODE 6560-50-P