De Minimis Settlement Under Section 122(g) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Renner Road Superfund Site, City of Shawnee, Johnson County, KS

ENVIRONMENTAL PROTECTION AGENCY

[IRL-5107-5]

De Minimis Settlement Under Section 122(g) of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

(CERCLA), Renner Road Superfund Site, City of Shawnee, Johnson County,

KS

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The United States Environmental Protection Agency (EPA) has

entered into two separate de minimis administrative settlements to

resolve claims under the Comprehensive Environmental Response,

Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C.

9622(g). These settlements are intended to resolve the liability of

Donivan and Ora Lee Ratliff and Don and Connie Fultz for the response

costs incurred and to be incurred at the Renner Road Superfund Site,

City of Shawnee, Johnson County, Kansas.

DATES: Written comments must be provided on or before December 22,

1994.

ADDRESSES: Comments should be addressed to the Regional Administrator,

United States Environmental Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas 66101 and should refer to: In the

Matter of the Renner Road Shooting Range Superfund Site, City of

Shawnee, Johnson County, Kansas, EPA Docket Nos. VII-94-F-0019 and VII-

94-F-0020.

FOR FURTHER INFORMATION CONTACT:

E. Jane Kloeckner, Assistant Regional Counsel, United States

Environmental Protection Agency, Region VII, 726 Minnesota Avenue,

Kansas City, Kansas 66101, (913) 551-7235.

SUPPLEMENTARY INFORMATION: The settling parties are Donivan and Ora Lee

Ratliff (the Ratliffs) and Don and Connie Fultz (the Fultzs), former

operators of the Renner Road Shooting Range, also known as Schroeder's

Gun Club, which is the subject Superfund Site (the Site).

The Renner Road Shooting Range is located in Shawnee, Kansas in the

north-central portion of Johnson County, approximately 12 miles

southwest of Kansas City, Missouri. This Site is located in an area

experiencing dramatic growth and development and the tract is expected

to be developed for residential use. The 58 acre parcel was used as a

gun club from the mid 1950's to 1976.

The firing of shot guns resulted in lead contamination at the Site.

EPA Region VII issued an Action Memorandum on March 18, 1993 for

conduct of a time-critical removal action. EPA Region VII began on-site

removal activities in the Spring of 1994. The removal is complete. We

excavated approximately 3,600 cubic yards of contaminated soil,

solidified it and transported it off-site to an approved disposal

facility. Clean up costs are approximately $1 million.

Region VII issued administrative orders on consent to the Fultzs

and the Ratliffs for settlement of their responsibility through a de

minimis waste contributor settlement. These settlements have been

approved by the Department of Justice as required under section 122(g)

of CERCLA, 42 U.S.C. 9622(g) because the response costs in this matter

exceed $500,000. The terms of these settlements require the Fultzs to

pay $11,250 and the Ratliffs to pay $30,000. EPA determined these

amounts to be fair shares of liability based on the amount of hazardous

substances contributed by each of the settling parties. These

settlements include contribution protection from lawsuits by other

potentially responsible parties as provided for under section 122(g)(5)

of CERCLA, 42 U.S.C. 9622(g)(5).

The de minimis settlements provide that EPA covenants not to sue

the Ratliffs or the Fultzs for response costs at the Site or for

injunctive relief pursuant to Sections 106 and 107 of CERCLA and

section 7003 of the Resource Conservation and Recovery Act of 1980, as

amended (RCRA), 42 U.S.C. 6973. The settlements contain a reopener

clause which nullifies the covenant not to sue if the parties fail to

make the required payments or if any information becomes known to EPA

that indicates that the parties: (1) Conducted or permitted the

generation, transportation, storage, treatment or disposal of any

hazardous substance at the Site after the effective date of the order;

or (2) that the parties no longer meet the criteria for a de minimis

settlement set forth in section 122(g)(1)(A) of CERCLA, 42 U.S.C.

9622(g)(1)(A).

The de minimis settlements will become effective upon the date

which EPA issues a written notice to the parties that the statutory

public comment period has closed and that comments received, if any, do

not require modification of or EPA withdrawal from the settlements.

Dennis Grams, P.E.,

Regional Administrator.

[FR Doc. 94-28714 Filed 11-21-94; 8:45 am]

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