[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Page 18426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8812]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Resource Conservation and Recovery Act

    Notice is hereby given that on March 24, 1995, a proposed consent 
decree was lodged with the United States District Court for the 
District of Idaho in United States v. Union Pacific Railroad Company, 
et al., Action No. CIV 95-0152-E-HLR. The proposed consent decree 
settles claims asserted by the United States at the request of the 
United States Environmental Protection Agency (EPA) and by the State of 
Idaho for releases of hazardous substances at the twenty-one square 
mile Bunker Hill Superfund Site in northern Idaho. The companies named 
as defendants are Union Pacific Railroad Company; and Stauffer 
Management Company and Rhone-Poulenc, Inc. (collectively, the 
``Stauffer Entities'').
    In the complaint, the United States asserted claims against each of 
the defendants pursuant to Sections 106 and 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), as 
amended, 42 U.S.C. 9606 and 9607(a), and Section 7003 of the Resource 
Conversation and Recovery Act, 42 U.S.C. Sec. 6973 (RCRA), for 
injunctive relief to abate an imminent and substantial endangerment to 
public health or welfare or the environment due to the release or 
threatened release of hazardous substances at the Bunker Hill Superfund 
Site in Shoshone County, Idaho. The United States also sought recovery 
of costs that have been and will be incurred in response to releases 
and threatened releases of hazardous substances at and from the Bunker 
Hill Superfund Site. The State of Idaho asserted a claim for recovery 
of costs pursuant to Section 107(a) of CERCLA, 42 U.S.C. Sec. 9607(a), 
against each of the defendants.
    Under the proposed Consent Decree, the Stauffer Entities have made 
the following commitments: (1) The Stauffer Entities will remediate the 
A-4 gypsum pond, a gypsum waste pile within the Site. (2) the Stauffer 
Entities will pay $850,000 to the United States towards the demolition 
and remediation of the phosphate fertilizer plant with the Bunker Hill 
industrial complex. EPA will perform the work. (3) The Stauffer 
Entities will pay $150,000 towards the Institutional Control Program 
costs at the Site. (4) The Stauffer Entities will pay an additional 
$500,0000 to the United States and an additional $500,000 to the State 
of Idaho.
    Union Pacific has made the following commitments under the Consent 
Decree: (1) Union Pacific will perform the remedial action for the 
entire seven mile right-of-way through the Site. (2) Union Pacific will 
pay the cost of disposal of principal threat waste materials removed 
from the right-of-way, and it will pay for the cost of disposal of any 
materials removed from the right-of-way subsequent to certification of 
remediation of the right-of-way. (3) Union Pacific will pay $150,0000 
towards the Institutional Control Program costs at the Site. (4) Union 
Pacific will pay an additional $500,000 to the United States and an 
additional $500,000 to the State of Idaho as a premium for the covenant 
not to sue that UP is obtaining under the decree.
    The Stauffer Entities and Union Pacific will also pay ``future 
response costs'' incurred by EPA and the State of Idaho as that term is 
defined in the decree.
    In exchange for the commitments made by the settling defendants in 
the consent decree, the United States and the State will provide 
settling defendants with covenants not to sue as set forth in the 
consent decree.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, D.C. 20530, and 
should refer to United States v. Union Pacific Railroad Co., et al., 
D.J. Ref. No. 90-11-3-128I. Commenters may request an opportunity for a 
public meeting in the affected area, in accordance with Section 7003(d) 
of RCRA.
    The proposed Consent Decree and exhibits may be examined at the 
following locations: The Region 10 Office of EPA, 7th Floor Records 
Center, 1200 Sixth Avenue, Seattle, WA 98101; the Kellogg Public 
Library, 16 West Market, Kellogg, ID 83837; the Kellogg City Hall, 323 
Main Street, Kellogg, ID 83837; the Smelterville City Hall, 
Smelterville, ID 83868; and the Pinehurst/Kingston Library, Pinehurst, 
ID 83850. The complete Administrative Record for the Bunker Hill 
Superfund Site may be reviewed at the EPA Region 10 office in Seattle 
and at the Kellogg Public Library.
    A copy of the Consent Decree and exhibits (if requested) may be 
obtained in person or by mail from the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. In 
requesting copies, please enclose a check in the amount of $26.50 
(without exhibits) or $202.75 (with exhibits) (25 cents per page 
reproduction cost) payable to the ``Consent Decree Library.''
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-8812 Filed 4-10-95; 8:45 am]
BILLING CODE 4410-01-M