Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

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]

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