[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Notices]
[Pages 49951-49952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16852]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980

    Notice is hereby given that on August 2, 2005 a proposed Consent 
Decree in United States v. Union Pacific Railroad Company, an action 
under Sections 107 and 113 of the comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA''), as amended, 42 
U.S.C. 9607 and 9613, was lodged with the United States District Court 
for the District of Utah, Case No. 2:05CV00650 BD (D. Utah).
    In this action, the United States sought the recovery of costs 
incurred and to be incurred by the United States in response to 
releases or threatened releases of hazardous substances at and from the 
Eureka Mills NPL Site located in Eureka, Utah (the ``Site''). The 
United States alleged that the Union Pacific Railroad Company was 
liable under CERCLA Sections 106 and 107(a)(1) and (2), 42 U.S.C. 906 
and 9607(a)(1) and (2), as a past owner of a portion of the Site at the 
time of disposal and as a present owner of a portion of the Site upon 
which hazardous substances have been released, for those response costs 
set forth in CERCLA Section 107(a)(4)(A)-(D), 42 U.S.C. 9607(a)(4)(A)-
(D).
    The settlement between the United States and the Union Pacific 
Railroad Company provides that the Union Pacific Railroad Company will 
implement the remedy for the Upper Eureka Gulch portion of the Site 
selected by the Environmental Protection Agency (``EPA'') for which the 
United States has alleged that the Union Pacific Railroad Company was 
responsible under CERCLA. The Union Pacific Railroad Company will also 
undertake certain quarry operations on-Site to produce rock and other 
borrow material needed by EPA for the 2005 and 2006 construction 
season. EPA estimates that the value of the work to be done by Union 
Pacific Railroad Company to be excess of $4.3 million. In addition, the 
Union Pacific Railroad Company will pay $270,690.00 into a special 
account to compensate EPA for anticipated future response costs.
    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 v. Union Pacific Railroad Company, DJ90-11-3-
07993/4.
    The Consent Decree may be examined at U.S. EPA Region 8, 999 18th 
Street, Suite 500, Denver, Colorado, 80202. 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

[[Page 49952]]

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 $18.75 
for the Decree (excluding appendices), $33.75 for the Decree with 
attachments payable to the United States Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-16852 Filed 8-24-05; 8:45 am]
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