[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Notices]
[Page 38574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15589]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Sections 309(b) and 
311(b) of the Clean Water Act

    Notice is hereby given that on June 8, 2000 a proposed Consent 
Decree (``Decree'') in United States v. Southern Pacific Transportation 
Co. et al., Civil Action No. 97-WM-469 (D. Colo.), was lodged with the 
United States District Court for the District of Colorado. The United 
States filed this action pursuant to sections 309(b) and 311(b) of the 
Clean Water Act (the ``Act''), 33 U.S.C. 1319(b) and 1321(b), for civil 
penalties and injunctive relief for violations of Sections 301(a)/
402(a) and 311(b) of the Act, 33 U.S.C. 1311(a)/1342(a) & 1321(b), 
arising from eight separate incidents in Colorado and Utah. All but one 
of the incidents were associated with freight train wrecks. The 
violations concern spills of diesel fuel from ruptured or leaking 
locomotive fuel tanks. Two of the eight incidents also involved a spill 
of an additional pollutant (taconite) or hazardous substance (sulfuric 
acid) from hoppers/tank cars.
    As part of the settlement UP will pay a civil penalty in the amount 
of $800,000. In addition, UP will undertake injunctive relief which 
includes: (a) A requirement that all freight locomotives UP purchases 
during the next five years be equipped with fuel tanks meeting a new 
industry standard for crash-worthiness; (b) implementation of a 
comprehensive rock fall equipped with fuel tanks meeting a new industry 
standard for crash-worthiness; (c) implementation of a comprehensive 
rock fall hazard mitigation project; (d) installation of locomotive 
fuel tank patch kits on hi-rail vehicles and training the operators of 
such vehicles; (e) preparation of emergency response contingency plans 
for the Colorado River in Colorado and Utah, the Gunnison River in 
Colorado, and the Spanish For River in Utah along which UP's track is 
aligned; and (e) other relief.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General of the 
Environment and Natural Resources Division, Department of Justice, 
Washington, DC 20530, and should refer to, United States v. Southern 
Pacific Transportation Company et al., Civil Action No. 97-WM-469 (D. 
Colo.) and D.J. Ref. #90-5-1-1-4381.
    The Decree may be examined at the United States Department of 
Justice, Environment and Natural Resources Division, Denver Field 
Office, 999 18th Street, North Tower Suite 945, Denver, Colorado, 
80202. A copy of the Decree may also be obtained by mail from the 
Department of Justice Consent Decree Library, 13th Floor, 1425 New York 
Avenue, NW, Washington, DC 20005. In requesting a copy, please enclose 
a check in the amount of $15.50 for the Decree (25 cents per page 
reproduction cost) payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-15589 Filed 6-20-00; 8:45 am]
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