Proposed Agreement and Covenant Not To Sue Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act; In Re: Elizabeth Mine Superfund Site, Located in Strafford and Thetford, VT

Resumen

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), 42 U.S.C. 9601, et seq., notice is hereby given of a proposed Agreement and Covenant Not to Sue between the United States, on behalf of the U.S. Environmental Protection Agency ("EPA"), the Vermont Agency of Natural Resources ("ANR") and Settling Parties Theodore Zageski, the Estate of Leonard Cook, and the Elizabeth Mine Corporation (collectively "Settling Parties"). This proposed Agreement includes a Covenant Not to Sue by the United States under sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and section 7003 of the Resource Conservation and Recovery Act, as amended ("RCRA"), 42 U.S.C. 6973; and a Covenant Not to Sue by the Vermont Agency of Natural Resources under section 107(a) of CERCLA, 42 U.S.C. 9607(a), and 10 V.S.A 6615. In the proposed Agreement, the Settling Parties have agreed to give the Environmental Protection Agency permission to remove and use earthen material such as rock and/or soil overburden materials such as topsoil, sand, silt, clay, gravel, cobbles, and boulders located on land owned by them for use in implementing response act