[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]


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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