[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Pages 61861-61862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23495]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that on September 29, 2004, a proposed 
Consent Decree in United States of America, The State of New Mexico, 
and The New Mexico Office of Natural Resources Trustee v. The 
Burlington Northern and Santa Fe Railway Company, Civil Action No. CIV-
04-1101 JH RHS, was lodged with the United States District Court for 
the District of New Mexico.
    In this action the United States, on behalf of the United States 
Department of the Interior, the United States Fish and Wildlife Service 
(``DOI''), and the Attorney General of the State of New Mexico, on its 
own behalf and on behalf of The State of New Mexico and The New Mexico 
Office of Natural Resources Trustee (``NMONRT''), sought damages from 
The Burlington Northern and Santa Fe Railway Company (``BNSF'') for 
injury to, destruction and loss of natural resources, under Section 
107(a) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, 42 U.S.C. 9607(a), resulting from the release of 
hazardous substances from the AT & SF Albuquerque Superfund Site, 
located in Albuquerque, Bernalillo County, New Mexico. The Complaint 
alleges that hazardous substances, including PCP, zinc chloride, 
creosote and its constituents, were released from a wood treatment 
plant owned and operated by Defendant BNSF's predecessor to the 
environment, resulting in injury to wildlife habitat and groundwater 
resources. The Consent Decree provides for BNSF to pay a total of $1.09 
million to resolve the claims alleged in the Complaint. The Consent 
Decree also resolves BNSF's claim that the Federal government is 
partially responsible for

[[Page 61862]]

the injury, destruction and loss of natural resources due to alleged 
Federal control of the facility during World War I, by requiring the 
United States to pay a total of $10,000. Of the total payments of $1.1 
million, a total of $1,061,192.60 is to be paid into two separate Court 
Registry trust accounts: (1) $400,000 for use by DOI and NMONRT jointly 
to plan and implement projects designed to restore, replace, and/or 
acquire the equivalent of injured habitat resources; and (2) 
$661,192.60 for use by NMONRT to plan and implement projects designed 
to restore, replace, and/or acquire the equivalent of injured ground 
water resources. The remainder of the $1.1 million is to be paid to 
reimburse costs incurred to assess the injury to, destruction and loss 
of natural resources, as follows: (1) $11,625.32 to DOI; (2) $26,101.04 
to NMONRT; and (3) $1,081.04 to the New Mexico Office of the Attorney 
General.
    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, et al. v. The Burlington Northern and Santa Fe Railway 
Company, D.J. Ref. 90-11-2-07889/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of New Mexico, 201 Third St. NW., Ste. 900, 
Albuquerque, NM 87102. 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 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 $5.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-23495 Filed 10-20-04; 8:45 am]
BILLING CODE 4410-15-M