Settlement Agreement for Environmental Response Action at Richardson Flat Tailings Superfund Site (Operable Unit 1) — Bona Fide Prospective Purchaser

The U.S. Environmental Protection Agency (EPA) and the Utah Department of Environmental Quality (DEQ) have proposed a settlement agreement with LHM DEV RIH LLC, a company purchasing contaminated real estate parcels (SS-87 and SS-88) located at the Richardson Flat Tailings Superfund Site in Summit County, Utah. The agreement is structured under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act), which governs hazardous waste site cleanup in the United States. Under the terms of the settlement, LHM DEV RIH LLC — classified as a 'Bona Fide Prospective Purchaser' (BFPP) — agrees to perform a specified environmental response action on the purchased parcels and to reimburse certain response costs previously incurred by the United States at the site. BFPP status provides the purchaser with liability protections under CERCLA, provided they meet specific legal obligations including this cleanup commitment. The settlement was negotiated in good faith, and both parties explicitly acknowledge that participation does not constitute an admission of liability by the Purchaser. This is standard CERCLA language designed to encourage voluntary cleanup by new property owners who were not responsible for the original contamination. Public notice of the proposed settlement is required under CERCLA before it becomes final, giving the public and interested parties an opportunity to comment on the agreement.

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