[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25476]
[[Page Unknown]]
[Federal Register: October 14, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees; Southern Pacific
Transportation Corp., et al.
In accordance with the policy of the Department of Justice, 28 CFR
50.7, notice is hereby given that two proposed consent decrees in
United States v. Southern Pacific Transportation Corporation, et al.,
consolidated with, People of the State of California v. Southern
Pacific Transportation Corporation, et al., CIV-S-92-1117, were lodged
with the United States District Court for the Eastern District of
California on March 14, 1994. These consolidated actions were brought
pursuant to Section 107 of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. Sec. 9607, Section 311 of the
Clean Water Act, 42 U.S.C. Sec. 1321, and the Rivers and Harbors Act,
33 U.S.C. Sec. 407, as well as under various state statutes and the
common law.
Under the first proposed consent decree, AMVAC Chemical Corporation
and American Vanguard Corporation agree to pay $2 million to the United
States and the State of California in compensation of the claims
alleged against those corporations. The second proposed consent decree
provides that Southern Pacific Transportation Company and related
corporations, GATX Corporation, General American Transportation
Corporation, J.M. Huber Corporation, Trinity Chemical Industries, Inc.,
and Transmatrix, Inc., agree to pay the United States and the State of
California $36 million over a period of five years. These funds are
being paid to reimburse the United States and the State of California
for environmental response costs, health study costs, natural resource
damages, penalties, state law claims, and common law damages incurred
as a result of the derailment of a Southern Pacific train and
subsequent spill of hazardous substances into the Upper Sacramento
River. No further response activities are anticipated at this site;
however, ongoing natural resource damage restoration projects will be
conducted pursuant to a Natural Resource Damage Assessment Plan
designed by the plaintiffs and pursuant to a Memorandum of Agreement
between the governments.
The Department of Justice will receive comments relating to the
proposed consent decrees for a period of 30 days from the date of this
publication. Comments should be addressed to the Acting Assistant
Attorney General of the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530. All comments should
refer to United States v. Southern Pacific Transportation Corporation,
et al., DOJ Number 90-5-1-1-3820.
The proposed consent decrees may be examined at the office of the
United States Attorney, Room 3305, Federal Building, U.S. Courthouse,
650 Capitol Mall, Sacramento, CA 95814; the Region IX Office of the
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA
94105; and at the Consent Decree Library, 1120 G Street NW., 4th Floor,
Washington, D.C. 20005, (202) 624-0892. Copies of the proposed consent
decrees may be obtained in person or by mail from the Consent Decree
Library, 1120 G Street NW., 4th Floor, Washington, D.C. 20005. Any
request for a copy of the proposed consent decrees should be
accompanied by a check in the amount of $10.25 for the AMVAC decree and
$10.50 for the Southern Pacific decree, for copying costs ($0.25 per
page), payable to ``Consent Decree Library.''
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 94-25476 Filed 10-13-94; 8:45 am]
BILLING CODE 4410-01-M
