[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Notices]
[Pages 49951-49952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16852]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
Notice is hereby given that on August 2, 2005 a proposed Consent
Decree in United States v. Union Pacific Railroad Company, an action
under Sections 107 and 113 of the comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (``CERCLA''), as amended, 42
U.S.C. 9607 and 9613, was lodged with the United States District Court
for the District of Utah, Case No. 2:05CV00650 BD (D. Utah).
In this action, the United States sought the recovery of costs
incurred and to be incurred by the United States in response to
releases or threatened releases of hazardous substances at and from the
Eureka Mills NPL Site located in Eureka, Utah (the ``Site''). The
United States alleged that the Union Pacific Railroad Company was
liable under CERCLA Sections 106 and 107(a)(1) and (2), 42 U.S.C. 906
and 9607(a)(1) and (2), as a past owner of a portion of the Site at the
time of disposal and as a present owner of a portion of the Site upon
which hazardous substances have been released, for those response costs
set forth in CERCLA Section 107(a)(4)(A)-(D), 42 U.S.C. 9607(a)(4)(A)-
(D).
The settlement between the United States and the Union Pacific
Railroad Company provides that the Union Pacific Railroad Company will
implement the remedy for the Upper Eureka Gulch portion of the Site
selected by the Environmental Protection Agency (``EPA'') for which the
United States has alleged that the Union Pacific Railroad Company was
responsible under CERCLA. The Union Pacific Railroad Company will also
undertake certain quarry operations on-Site to produce rock and other
borrow material needed by EPA for the 2005 and 2006 construction
season. EPA estimates that the value of the work to be done by Union
Pacific Railroad Company to be excess of $4.3 million. In addition, the
Union Pacific Railroad Company will pay $270,690.00 into a special
account to compensate EPA for anticipated future response costs.
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 v. Union Pacific Railroad Company, DJ90-11-3-
07993/4.
The Consent Decree may be examined at U.S. EPA Region 8, 999 18th
Street, Suite 500, Denver, Colorado, 80202. 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
[[Page 49952]]
Fleetwood ([email protected]), fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $18.75
for the Decree (excluding appendices), $33.75 for the Decree with
attachments payable to the United States Treasury.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 05-16852 Filed 8-24-05; 8:45 am]
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