EPA v. BURLINGTON NORTHERN (BRAINERD/BAXTER PLANT) - ADMIN ORDER ON CONSENT (CERCLA)

Case summary

The Settlement Agreement concerns the preparation and performance of a remedial investigation and feasibility study (“RI/FS”) at the Burlington Northern Railroad Tie Treatment Facility Superfund Site and for the reimbursement for future response costs incurred by U.S. EPA in connection with the RI/FS, as well as past response costs. The site is located partially in the City of Baxter and partially in the City of Brainerd. Northern Pacific Railroad and Burlington Northern Railroad, predecessors to BNSF, operated a railroad tie treatment plant at the Site from approximately 1907 to 1986. The historical land use at the Site has included railroad tie treating, loading and unloading of ties and timbers, timber storage, and several railroad lines. The contamination from this site includes PAH compounds, heterocycles, salts, oil and grease, benzene extractable hydrocarbons, and total phenols.

Defendants (1)

• BNSF RAILWAY COMPANYNamed in settlement

Facilities (1)

• BURLINGTON NORTHERN (BRAINERD/BAXTER PLANT)

  WEST CITY LIMITS, BRAINERD, MN, 56401

  Registry ID: 110009292871

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• BURLINGTON NORTHERN (BRAINERD/BAXTER PLANT) - ADMIN ORDER ON CONSENT (CERCLA)entered 2012-12-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-11-08Enforcement Action Data Entered
• 2012-12-18Final Order Issued