[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Notices]
[Pages 78466-78467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9923]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended (``CERCLA'')

    Pursuant to 28 CFR 50.7, notice is hereby given that on December 
14, 2006, a proposed consent decree in United States and California 
Department of Toxic Substances Control v. Union Pacific Railroad Co., 
Civil Action No. 2:06-CV-2841-FCD-KJM, was lodged with the United 
States District Court for the Eastern District of California.
    This Consent Decree will resolve claims asserted by the United 
States and the California Department of Toxic Substances Control 
(``DTSC'') in a complaint filed contemporaneously with the proposed 
consent decree against defendant Union Pacific Railroad Company 
(``UPRR'') for past costs incurred by the U.S.

[[Page 78467]]

Environmental Enforcement Agency (``EPA'') and DTSC at the McCormick 
and Baxter Superfund Site in Stockton, California (``the Site''), and 
for injunctive and declaratory relief, pursuant to Sections 106 and 107 
of CERCLA, 42 U.S.C. 6906, 6907. The complaint alleges that UPRR is 
liable for response costs and site cleanup associated with the unlawful 
disposal of hazardous materials at the Site as a current owner of the 
Site, pursuant to CERCLA Section 107(a)(1), and as a person that 
arranged for the disposal of hazardous substances at the Site, pursuant 
to CERCLA 107(a)(3).
    The proposed Consent Decree provides that UPRR will design and 
implement the remedy selected by EPA to address contaminated soils at 
the Site. In addition, UPRR will reimburse $1 million of EPA's past 
response costs and $900,000 of DTSC's past response costs at the Site.
    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 and California Department of Toxic Substances Control v. 
Union Pacific Railroad Co., D.J. Ref. <greek-i>90-11-3-07886.
    The consent decree may be examined at the Office of the United 
States Attorney for the Eastern District of California, 501 I Street, 
10th Floor, Sacramento, CA, and at U.S. EPA Region 4, Office of 
Regional Counsel, 61 Forsyth Street, Atlanta, GA. 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/Consent_Decrees.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 Fleetwood (<a href="/cdn-cgi/l/email-protection#b7c3d8d9ded699d1dbd2d2c3c0d8d8d3f7c2c4d3d8dd99d0d8c1"><span class="__cf_email__" data-cfemail="cbbfa4a5a2aae5ada7aeaebfbca4a4af8bbeb8afa4a1e5aca4bd">[email protected]</span></a>), 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 $44.00 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-9923 Filed 12-28-06; 8:45 am]
BILLING CODE 4410-15-M


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