[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Notices]
[Page 19773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9804]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act/Oil Pollution Act and the Comprehensive Environmental Response, 
Compensation, and Liability Act

    In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice 
is hereby given that a proposed consent decree in United States v. 
Burlington Northern Railroad Company, Civil Action No. 94C 0386C, was 
lodged on April 3, 1995 with the United States District Court for the 
Western District of Wisconsin. The proposed consent decree resolves the 
United States' claims for a civil penalty pursuant to the Clean Water 
Act, as amended by the Oil Pollution Act, 33 U.S.C. Sec. 1321(b)(3), 
and for reimbursement of the United States' response costs pursuant to 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9607(a), and the Oil Pollution Act, 33 U.S.C. 
2702(b)(2). In addition, the proposed consent decree resolves 
Burlington Northern Railroad Company's liability pursuant to 42 U.S.C. 
9607(a) and 33 U.S.C. 2702(b)(2) for injury to natural resources.
    The action and settlement arise from Burlington Northern's illegal 
discharges of oil and hazardous substances into waters of the United 
States as a result of three separate derailments: (1) On June 30, 1992 
into the Nemadji River near Superior, Wisconsin; (2) on January 9, 1993 
into the North Platte River near Guernsey, Wyoming; and (3) on May 6, 
1993 into a tributary of the Bighorn River near Worland, Wyoming.
    Under the proposed settlement, Burlington Northern agrees to pay a 
civil penalty in the amount of $1.1 million, to reimburse response 
costs spent by the United States in association with the Nemadji spill 
in the amount of $260,000, and to pay $140,000 into a fund to be 
jointly managed by the U.S. Department of Interior, the Bad River Band 
of Lake Superior Chippewas and the Red Cliff Band of Lake Superior 
Chippewas to address natural resources damaged as a result of the 
Nemadji spill. In addition, the settlement requires Burlington Northern 
to acquire improved rail inspection cars at an estimated cost of $1.2 
million, and to contribute $100,000 to a fund to be used to study 
internal rail defects of the type that were involved in two of the 
three derailments in the case.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Burlington Northern Railroad Company, Civil Action No. 
94C 0386C and the Department of Justice Reference Nos. 90-11-3-1008 and 
90-5-1-1-4103.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Western District of Wisconsin, 660 West 
Washington Avenue, Suite 200, Madison, Wisconsin 53703; the Region V 
Office of the Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590; the Region VIII Office of the 
Environmental Protection Agency, 999 18th Street, Suite 500, Denver, 
Colorado 80202; and at the Consent Decree Library, 1120 G Street NW., 
4th Floor, Washington, D.C. 20005, 202-624-0892. A copy of the proposed 
consent decree may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street NW., 4th Floor, Washington, D.C. 20005. 
In requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $4.25 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
Joel M. Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-9804 Filed 4-19-95; 8:45 am]
BILLING CODE 4410-01-M