[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Page 61862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23496]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that on September 29, 2004, a proposed
Consent Decree in United States of America, and the State of New Mexico
v. The Burlington Northern and Santa Fe Railway Company, Civil Action
No. CIV-104-1102 RB WDS, was lodged with the United States District
Court for the District of New Mexico.
In this action the United States, on behalf of the United States
Environmental Protection Agency (``EPA''), and the State of New Mexico,
on behalf of the New Mexico Environment Department, sought abatement of
an imminent and substantial endangerment resulting from, and recovery
of response costs incurred and to be incurred in response to releases
of hazardous substances from the AT & SF Albuquerque Superfund Site,
located in Albuquerque, Bernalillo County, New Mexico, under Sections
106(a) and 107(a) of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9606(a) and 9607(a). The
Complaint alleges that hazardous substances, including PCP, zinc
chloride, creosote and its constituents, were released from a wood
treatment plant owned and operated by Defendant The Burlington Northern
and Santa Fe Railway Company's (``BNSF'') predecessor, resulting in
contamination of soil and groundwater, including a plume of dense non-
aqueous phase liquid (``DNAPL'') in the upper zone of the Santa Fe
formation aquifer. The Consent Decree requires BNSF to remediate soil
and groundwater contamination, including the DNAPL plume, by
implementing the remedial action for the Site selected by EPA in its
June 2002 Record of Decision. The Consent Decree also requires BNSF to
reimburse EPA for past response costs of $324,980.74 and to pay
response costs incurred in the future by EPA and New Mexico in
connection with the Site. The Consent Decree also resolves BNSF's claim
that the federal government is partially responsible for Site
remediation due to alleged federal control of the facility during World
War I, by requiring the United States to pay BNSF $590,000.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States et al. v. The Burlington Northern and Santa Fe Railway
Company, D.J. Ref. 90-11-2-07889.
The Consent Decree may be examined at the Office of the United
States Attorney, District of New Mexico, 201 Third Street NW., Ste.
900, Albuquerque, NM 87102, and at U.S. EPA Region 6, 1445 Ross Avenue,
Ste. 1200, Dallas TX 75202. During the public comment period, the
Consent Decree may also be examined on the following Department of
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the
Consent Decree may also be obtained by mail from the Consent Decree
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy from the Consent Decree
Library, please specify whether you would like a copy of the Consent
Decree either with or without its appendices. For a copy of the Consent
Decree with appendices enclose a check in the amount of $78.50 (25
cents per page reproduction cost) payable to the U.S. Treasury. For a
copy of the Consent Decree without appendices enclose a check in the
amount of $23.50 (25 cents per page reproduction cost) payable to the
U.S. Treasury.
Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-23496 Filed 10-20-04; 8:45 am]
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