[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Notices]
[Page 58101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28682]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    In accordance with Department of Justice Policy, 28 CFR 50.7, 
notice is hereby given that on November 9, 1995, a proposed Consent 
Decree was lodged with the United States District Court for the 
District of Oregon in United States v. Southern Pacific Transportation 
Company, Civil Action No. 94-6176-HO. The proposed Consent Decree 
settles claims asserted by the United States at the request of the 
United States Environmental Protection Agency (``EPA'') and the 
Secretary of the Department of Transportation, in a Complaint filed on 
April 26, 1994. In its complaint the United States sought assessment of 
a civil penalty pursuant to 33 U.S.C. 1321(b)(7) of the Clean Water Act 
(``the CWA''), 33 U.S.C. 1321(b)(7), injunctive relief pursuant to 
Section 309(b) of the CWA, 33 U.S.C. 1319(b), and reimbursement of the 
United States' removal costs pursuant to Section 1002(a) of the Oil 
Pollution Act, of 1990 (``OPA''), 33 U.S.C. 2702(a), or alternatively, 
Section 311(f) of the CWA, 33 U.S.C. 1321(f). The United States alleged 
that the violations occurred when a Southern Pacific train derailed 
near Yoncalla, Oregon on January 27, 1993 and spilled diesel fuel into 
the Yoncalla Creek and onto the adjacent shoreline.
    Under the proposed Consent Decree, Southern Pacific will pay a 
civil penalty of $58,300 to the United States. Southern Pacific will 
also pay $200,000 of the United States' removal costs incurred in 
responding to the Yoncalla Spill. In return for the payments by 
Southern Pacific, the proposed Consent Decree provides that the 
settlement resolves the claims alleged by the United States in its 
complaint, as well as any claims for damages to natural resources 
arising out of the Yoncalla Spill pursuant to Section 311(f) of the 
CWA, 33 U.S.C. 1321(f), or Section 1002 of the Oil Pollution Act of 
1990, 33 U.S.C. 2702. The covenant not to sue for natural resource 
damages is based in part on Southern Pacific's earlier settlement with 
the Oregon Department of Environmental Quality (ODEQ), under which 
Southern Pacific agreed to pay ODEQ approximately $215,000 for 
restoration of resources injured by this oil spill. The U.S. Department 
of the Interior and ODEQ have entered into a Memorandum of Agreement 
for joint selection of restoration projects.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, D.C. 20530, and 
should refer to United States v. Southern Pacific Transportation Co., 
D.J. Ref. No. 90-5-1-1-5057.
    The proposed Consent Decree may be examined at the Region 10 Office 
of EPA, 7th Floor Records Center, 1200 Sixth Avenue, Seattle, WA 98101. 
A copy of the 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, (202) 624-0892. In requesting copies, please enclose a 
check in the amount of $3.00 (25 cents per page reproduction cost) 
payable to the ``Consent Decree Library.''
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-28682 Filed 11-22-95; 8:45 am]
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