[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Page 61862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23496]


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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, and the State of New Mexico 
v. The Burlington Northern and Santa Fe Railway Company, Civil Action 
No. CIV-104-1102 RB WDS, 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 
Environmental Protection Agency (``EPA''), and the State of New Mexico, 
on behalf of the New Mexico Environment Department, sought abatement of 
an imminent and substantial endangerment resulting from, and recovery 
of response costs incurred and to be incurred in response to releases 
of hazardous substances from the AT & SF Albuquerque Superfund Site, 
located in Albuquerque, Bernalillo County, New Mexico, under Sections 
106(a) and 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act, 42 U.S.C. 9606(a) and 9607(a). 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 The Burlington Northern 
and Santa Fe Railway Company's (``BNSF'') predecessor, resulting in 
contamination of soil and groundwater, including a plume of dense non-
aqueous phase liquid (``DNAPL'') in the upper zone of the Santa Fe 
formation aquifer. The Consent Decree requires BNSF to remediate soil 
and groundwater contamination, including the DNAPL plume, by 
implementing the remedial action for the Site selected by EPA in its 
June 2002 Record of Decision. The Consent Decree also requires BNSF to 
reimburse EPA for past response costs of $324,980.74 and to pay 
response costs incurred in the future by EPA and New Mexico in 
connection with the Site. The Consent Decree also resolves BNSF's claim 
that the federal government is partially responsible for Site 
remediation due to alleged federal control of the facility during World 
War I, by requiring the United States to pay BNSF $590,000.
    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.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of New Mexico, 201 Third Street NW., Ste. 
900, Albuquerque, NM 87102, and at U.S. EPA Region 6, 1445 Ross Avenue, 
Ste. 1200, Dallas TX 75202. 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 specify whether you would like a copy of the Consent 
Decree either with or without its appendices. For a copy of the Consent 
Decree with appendices enclose a check in the amount of $78.50 (25 
cents per page reproduction cost) payable to the U.S. Treasury. For a 
copy of the Consent Decree without appendices enclose a check in the 
amount of $23.50 (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. 04-23496 Filed 10-20-04; 8:45 am]
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