[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Notices]
[Page 21861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9094]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States of 
America and Burlington Northern and Santa Fe Railway Company, et al. 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act

    Under 28 CFR 50.7, notice is hereby given that on April 9, 2004, a 
proposed Consent Decree (``Consent Decree'') in the case of United 
States of America v. Burlington Northern and Sante Fe Railway Company 
et al., Civil Action No. 04-0319-CV-NKL (W.D. MO.), has been lodged 
with the United States District Court for the Western District of 
Missouri. the Consent Decree was lodged contemporaneously with the 
filing of the complaint.
    The Complaint seeks performance of work and the recovery of costs 
incurred in connection with the response action taken at the Armour 
Road Superfund Site in North Kansas City, Missouri. The Consent Decree 
requires that a substantial removal action will be performed by two of 
the Settling Defendants. Four ``cash-out'' Settling Defendants are 
required under this Consent Decree to pay $530,000 into an escrow 
account which will be used by the performing defendants to conduct and 
finance the removal action. In exchange, the United States will provide 
a covenant not to sue and contribution protection to all six of the 
Defendants.
    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 of America v. Burlington Northern and Santa Fe Railway 
Company et al., D.J. Ref. 90-11-3-08035.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Missouri, 400 East Ninth St., Room 
5510, Kansas City, MO, 64106, and at U.S. EPA Region 7, 901 North Fifth 
St., Kansas City, Kansas, 66101. During the public comment period, the 
Consent Decree may 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 enclose a check in the amount of $13.50 (25 cents per 
page reproduction cost, without attachments) payable to the United 
States Treasury for payment.

Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-9094 Filed 4-21-04; 8:45 am]
BILLING CODE 4410-15-M