[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Notices]
[Page 58101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28682]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act
In accordance with Department of Justice Policy, 28 CFR 50.7,
notice is hereby given that on November 9, 1995, a proposed Consent
Decree was lodged with the United States District Court for the
District of Oregon in United States v. Southern Pacific Transportation
Company, Civil Action No. 94-6176-HO. The proposed Consent Decree
settles claims asserted by the United States at the request of the
United States Environmental Protection Agency (``EPA'') and the
Secretary of the Department of Transportation, in a Complaint filed on
April 26, 1994. In its complaint the United States sought assessment of
a civil penalty pursuant to 33 U.S.C. 1321(b)(7) of the Clean Water Act
(``the CWA''), 33 U.S.C. 1321(b)(7), injunctive relief pursuant to
Section 309(b) of the CWA, 33 U.S.C. 1319(b), and reimbursement of the
United States' removal costs pursuant to Section 1002(a) of the Oil
Pollution Act, of 1990 (``OPA''), 33 U.S.C. 2702(a), or alternatively,
Section 311(f) of the CWA, 33 U.S.C. 1321(f). The United States alleged
that the violations occurred when a Southern Pacific train derailed
near Yoncalla, Oregon on January 27, 1993 and spilled diesel fuel into
the Yoncalla Creek and onto the adjacent shoreline.
Under the proposed Consent Decree, Southern Pacific will pay a
civil penalty of $58,300 to the United States. Southern Pacific will
also pay $200,000 of the United States' removal costs incurred in
responding to the Yoncalla Spill. In return for the payments by
Southern Pacific, the proposed Consent Decree provides that the
settlement resolves the claims alleged by the United States in its
complaint, as well as any claims for damages to natural resources
arising out of the Yoncalla Spill pursuant to Section 311(f) of the
CWA, 33 U.S.C. 1321(f), or Section 1002 of the Oil Pollution Act of
1990, 33 U.S.C. 2702. The covenant not to sue for natural resource
damages is based in part on Southern Pacific's earlier settlement with
the Oregon Department of Environmental Quality (ODEQ), under which
Southern Pacific agreed to pay ODEQ approximately $215,000 for
restoration of resources injured by this oil spill. The U.S. Department
of the Interior and ODEQ have entered into a Memorandum of Agreement
for joint selection of restoration projects.
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. Southern Pacific Transportation Co.,
D.J. Ref. No. 90-5-1-1-5057.
The proposed Consent Decree may be examined at the Region 10 Office
of EPA, 7th Floor Records Center, 1200 Sixth Avenue, Seattle, WA 98101.
A copy of the Consent Decree may be obtained in person or by mail from
the Consent Decree Library, 1120 G Street NW., 4th Floor, Washington,
D.C. 20005, (202) 624-0892. In requesting copies, please enclose a
check in the amount of $3.00 (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. 95-28682 Filed 11-22-95; 8:45 am]
BILLING CODE 4410-01-M
