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Notice of Lodging of Consent Decree Under the Sections 309(b) and 311(b) of the Clean Water Act

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 21, 2000 (Volume 65, Number 120)]
[Notices]
[Page 38574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn00-97]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Sections 309(b) and
311(b) of the Clean Water Act

    Notice is hereby given that on June 8, 2000 a proposed Consent
Decree (``Decree'') in United States v. Southern Pacific Transportation
Co. et al., Civil Action No. 97-WM-469 (D. Colo.), was lodged with the
United States District Court for the District of Colorado. The United
States filed this action pursuant to sections 309(b) and 311(b) of the
Clean Water Act (the ``Act''), 33 U.S.C. 1319(b) and 1321(b), for civil
penalties and injunctive relief for violations of Sections 301(a)/
402(a) and 311(b) of the Act, 33 U.S.C. 1311(a)/1342(a) & 1321(b),
arising from eight separate incidents in Colorado and Utah. All but one
of the incidents were associated with freight train wrecks. The
violations concern spills of diesel fuel from ruptured or leaking
locomotive fuel tanks. Two of the eight incidents also involved a spill
of an additional pollutant (taconite) or hazardous substance (sulfuric
acid) from hoppers/tank cars.
    As part of the settlement UP will pay a civil penalty in the amount
of $800,000. In addition, UP will undertake injunctive relief which
includes: (a) A requirement that all freight locomotives UP purchases
during the next five years be equipped with fuel tanks meeting a new
industry standard for crash-worthiness; (b) implementation of a
comprehensive rock fall equipped with fuel tanks meeting a new industry
standard for crash-worthiness; (c) implementation of a comprehensive
rock fall hazard mitigation project; (d) installation of locomotive
fuel tank patch kits on hi-rail vehicles and training the operators of
such vehicles; (e) preparation of emergency response contingency plans
for the Colorado River in Colorado and Utah, the Gunnison River in
Colorado, and the Spanish For River in Utah along which UP's track is
aligned; and (e) other relief.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Decree.
Comments should be addressed to the Assistant Attorney General of the
Environment and Natural Resources Division, Department of Justice,
Washington, DC 20530, and should refer to, United States v. Southern
Pacific Transportation Company et al., Civil Action No. 97-WM-469 (D.
Colo.) and D.J. Ref. #90-5-1-1-4381.
    The Decree may be examined at the United States Department of
Justice, Environment and Natural Resources Division, Denver Field
Office, 999 18th Street, North Tower Suite 945, Denver, Colorado,
80202. A copy of the Decree may also be obtained by mail from the
Department of Justice Consent Decree Library, 13th Floor, 1425 New York
Avenue, NW, Washington, DC 20005. In requesting a copy, please enclose
a check in the amount of $15.50 for the Decree (25 cents per page
reproduction cost) payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 00-15589 Filed 6-20-00; 8:45 am]
BILLING CODE 4410-15-M

 
 

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