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U.S. APPROVES PROSPECTIVE PURCHASER AGREEMENT FOR PROPERTY IN WARWICK TOWNSHIP

Release Date: 7/9/1999
Contact Information: Bonnie Smith (215) 814-5543

WARWICK TOWNSHIP, Pa. -- The U.S. Environmental Protection Agency and the Justice Department have signed a prospective purchaser agreement with
LC Associates, Heritage Creek LLP and related entities concerning a 13-acre property at 960 Creek Road in Warwick Township, Bucks County, Pa.

This parcel is undergoing cleanup of hazardous materials which were dumped there between 1970 and 1988. Beginning in January 1997, EPA conducted extensive cleanup operations at the property which included removing contaminated soil, drums and other containers containing hazardous substances, batteries and debris. Future activities will include removing contaminated soil and debris, excavating and disposing of an underground fuel storage tank, and cleanup of wetlands and wetlands sediments.

In return for protection from Superfund liability for existing contamination, the purchasers have agreed to complete the remaining cleanup activities, and reimburse $450,000 of EPA’s approximately $700,000 in past costs associated with the site.

Under the Superfund statute (the Comprehensive Environmental Response, Compensation, and Liability Act), the parties responsible for hazardous contamination are also liable for site cleanup. EPA may negotiate perspective purchaser agreements to protect potential buyers from Superfund liability for existing contamination -- in return for public benefit and the buyer’s cooperation in EPA’s cleanup efforts.

EPA has preliminarily determined that a prospective purchaser agreement is appropriate for this site because the prospective purchasers have agreed to complete the remaining cleanup (at an estimated cost of $500,000 to $1 million), reimburse Superfund for prior cleanup costs, and have committed to keep the site as open space minimizing any possible remaining risk of exposure to hazardous substances.

The agreement is subject to public comment period before it becomes effective. The proposed agreement and related information are available from Suzanne Canning (mailcode 3RC00), U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. Comments should reference the "Warwick Township Creek Road Site Prospective Purchaser Agreement” and “EPA Docket No. III-CERC-PPA-99-05," and should be forwarded to Suzanne Canning at the above address. Requests for materials, or comments, may be faxed to Ms. Canning at 215-814-2603, or e-mailed to [email protected].

The deadline for receipt of comments is July 14, 1999.