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Notice2010-14872010-01-26

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

Justice Department

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Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Notice is hereby given that on December 23, 2009, a proposed Consent Decree was filed with the United States District Court for the District of Idaho in United States v. Union Pacific Railroad Company, No. 10-2009-0082 (D. Idaho). The proposed Consent Decree entered into by the United States, the State of Idaho, and two railroads (Union Pacific Railroad Company and BNSF Railway Company), resolves the United States' claims against the railroads under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9606 , 9607 . Under the terms of the Consent Decree, Union Pacific Railroad Company will pay the United States $655,094 and BNSF Railway Company $427,000 in past costs incurred in addressing the contamination at the Wallace Yard and Spur Lines Site within the larger Bunker Hill Mining Site in the C'ouer d'Alene Basin of Idaho. In addition to payments for past response costs, the Consent Decree requires the railroads to perform certain clean up actions selected by EPA and identified in the Statement of Work attached to the Consent Decree. Further, the settlement requires the railroads to contribute to the Basin-wide cleanup program to address contamination of residential properties. The Department of Justice will receive comments relating to the proposed Consent Decree for an additional period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney G

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Citation: 75 FR 4107