[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Notices]
[Page 4107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1487]
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DEPARTMENT OF JUSTICE
Corrected Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response Compensation and Liability Act
Notice is hereby given that on December 23, 2009, a proposed
Consent Decree was filed with the United States District Court for the
District of Idaho in United States v. Union Pacific Railroad Company,
No. 10-2009-0082 (D. Idaho). The proposed Consent Decree entered into
by the United States, the State of Idaho, and two railroads (Union
Pacific Railroad Company and BNSF Railway Company), resolves the United
States' claims against the railroads under Sections 106 and 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9606, 9607. Under the terms of the Consent Decree, Union
Pacific Railroad Company will pay the United States $655,094 and BNSF
Railway Company $427,000 in past costs incurred in addressing the
contamination at the Wallace Yard and Spur Lines Site within the larger
Bunker Hill Mining Site in the C'ouer d'Alene Basin of Idaho. In
addition to payments for past response costs, the Consent Decree
requires the railroads to perform certain clean up actions selected by
EPA and identified in the Statement of Work attached to the Consent
Decree. Further, the settlement requires the railroads to contribute to
the Basin-wide cleanup program to address contamination of residential
properties.
The Department of Justice will receive comments relating to the
proposed Consent Decree for an additional period of thirty (30) days
from the date of this publication. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and either e-mailed to [email protected] or mailed to P.O.
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to United States v. Union Pacific Railroad Company, DJ
Ref. No. 90-11-3-09488.
Notice of this settlement was originally published at 75 FR 1412 on
January 11, 2010. The notice, however, contained two typographical
errors. First the case number provided for the matter was incorrect and
second the notice directed commenters to reference United States et al.
v. City of West Point, et al. DJ Ref. No. 90-5-1-1-09326. Commenters
who have already submitted comments with this erroneous reference need
not re-submit their comments because procedures have been put in place
to ensure the comments are properly considered.
The proposed Agreement may be examined at the Office of the United
States Attorney for the District of Idaho, Washington Group Plaza, 800
Park Boulevard, Suite 600, Boise, ID 83712-9903, and at the
Environmental Protection Agency, Region 9, 1200 Sixth Avenue, Seattle,
Washington 98101. During the public comment period, the proposed
Agreement may also be examined on the following Department of Justice
Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of
the proposed Agreement 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 enclose a check in the amount of $42.00 (25 cents per
page reproduction cost) payable to the U.S. Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-1487 Filed 1-25-10; 8:45 am]
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