[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)] [Notices] [Pages 53760-53761] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-26283] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act In accordance with Departmental policy, 28 C.F.R. 50.7 and 42 U.S.C. 9622(d)(2), notice is hereby given that a proposed consent decree in United States v. Burlington Northern Railroad Co., Civil Action No. C-96-5871-FDB, was lodged on September 30, 1996 with the United States District Court for the Western District of Washington. In a complaint filed contemporaneously with the lodging of the proposed consent decree, the United States alleged that Defendants Burlington Northern Railroad Company (``BNRC''), BN Leasing Corporation (``BN''), Amsted Industries Incorporated (``Amsted''), Pioneer Builders Supply, Inc. (``PBS''), South Tacoma L.L.C. (``STLLC''), and the City of Tacoma, Department of Public Utilities (``TPU'') are liable as owners or operators of the South Tacoma Field Operable Unit of the Commencement Bay South Tacoma Channel Superfund Site located in Pierce County, Tacoma, Washington (``Site''). Pursuant to Section 107(a) (1) and (2) of the CERCLA, 42 U.S.C. 9607(a) (1) and (2), the complaint also alleges that Defendant Atlas Foundry & Machine Company (``Atlas''), by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances at the Site. The complaint further alleges that the Environmental Protection Agency (``EPA'') and the Department of Justice incurred and continue to incur costs for response actions at and in connection with the Site. The proposed consent decree provides that the Defendants will pay $2,000,000 to the United States for the past costs incurred and paid by EPA and the Department of Justice through February 28, 1995, pay future response costs to be incurred by the U.S. and perform the Remedial Action as set forth in the September 29, 1994 Record of Decision (``ROD''). The proposed Consent Decree also provides that the United States covenants not to sue the defendants under both Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree. The Department will also schedule a public meeting in the affected area, if requested, in accordance with Section 7003(d) of RCRA. Comments and/or a request for a RCRA public meeting should be addressed to the Assistant Attorney General for the Environment and Natural Resources Division, Department of Justice, Washington, D.C. 20530, and should refer to United States v. Burlington Northern Railroad Co., DOJ Ref. #90-11-3-1516. The proposed consent decree may be examined at the Office of the United States Attorney, 3600 Seafirst Fifth Avenue Plaza, 800 Fifth Avenue, Seattle, Washington 98104; the Region X Office of the Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington 98101; and at the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the proposed consent decree may be obtained in person or by mail from the Consent Decree Library, 1120 G Street, N.W., 4th [[Page 53761]] Floor, Washington, D.C. 20005. In requesting a copy please refer to the referenced case and enclose a check in the amount of $27.25 (25 cents per page reproduction costs), for a copy of the consent decree only or $107.25, for a copy of the consent decree with appendices, payable to the Consent Decree Library. Bruce S. Gelber, Deputy Chief, Environmental Enforcement Section. [FR Doc. 96-26283 Filed 10-11-96; 8:45 am] BILLING CODE 4410-01-M