[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Page 64084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30953]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6190-7]


Notice of Proposed Settlement; Talisman Sugar Corporation 
Properties, Palm Beach and Hendry Counties, Florida

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement.

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SUMMARY: Under the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA), and under section 7003(d) of the Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6973(d), the United 
States Environmental Protection Agency (EPA) proposes to enter into a 
``prospective purchaser agreement'' (PPA) concerning property owned by 
the Talisman Sugar Corporation (``Talisman'') in Palm Beach and Hendry 
Counties, Florida. EPA proposes to enter into the PPA with The Nature 
Conservancy (``TNC''), a non-profit District of Columbia corporation, 
and the South Florida Water Management District, (the ``District''), a 
special ad valorem taxing authority established by the Florida 
legislature, which is responsible for management of water delivery in 
South Florida. The PPA concerns the acquisition by TNC and the District 
of certain real property presently owned or leased by Talisman in Palm 
Beach and Hendry Counties, Florida.
    The real property in question (the ``Property'') consists of 
approximately 50,757 acres in the Everglades Agricultural Area 
(``EAA''). Most of the Property is currently owned by Talisman, but the 
Property includes certain parcels leased by Talisman. The Property is 
the subject of a Purchase and Sale Agreement between Talisman and the 
TNC (the ``Purchase and Sale Agreement''), dated July 2, 1998, which 
gives TNC the right to purchase Talisman's interest in the Property.
    TNC is also a party to a Cooperative Agreement with the United 
States Department of the Interior and the District (the ``Cooperative 
Agreement''), dated July 24, 1998, pursuant to which portions of the 
Property may be transferred to the District. The purpose of TNC's and 
the District's participation in the Purchase and Sale Agreement and/or 
Coopertive Agreements is to further restoration of the Florida 
Everglades ecosystem. The PPA obligates TNC and the District to manage 
portions of the Property that they acquire in a manner that is 
consistent with the comprehensive Everglades restoration program 
envisioned by the Cooperative Agreement.
    Pursuant to the PPA, TNC and the District will be protected from 
CERCLA liability and from liability under section 7003(d) of RCRA, 42 
U.S.C. 6973(d), which may arise from their participation in the 
acquisition of the Property, as described above. This protection is 
contingent on TNC's and the District's management of the property as 
described above.
    EPA will consider public comments on the proposed settlement for 
thirty (30) days. Commenters may request an opportunity for a public 
meeting in the affected area, in accordance with section 7003(d) of 
RCRA, 42 U.S.C. 6973(d). EPA may withdraw from or modify the proposed 
settlement should public comments disclose facts or considerations 
which indicate the proposed settlement is inappropriate, improper or 
inadequate.
    Copies of the proposed settlement are available from Ms. Paula V. 
Batchelor, Waste Management Division, U.S. EPA, Region 4, Atlanta 
Federal Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-8909.
    Written comments may be submitted to Ms. Batchelor within thirty 
(30) calendar days of the date of publication.
Franklin E. Hill,
Chief, Program Services Branch, Waste Management Division.
[FR Doc. 98-30953 Filed 11-17-98; 8:45 am]
BILLING CODE 6560-50-M