WHILE CONSTRUCTING A KEYWAY ADJACENT TO THE MCCORMICK & BAXTER (M&B) SUPERFUND SITE, BNSF EXECAVATED A PORTION OF THE CERCLA CAP THAT WAS COVERING THE HISTORIC CONTAMINATION FROM THE M&B SITE. BNSF KNEW OF THE CONTAMINATION UNDER THE SOIL CAP BUT STILL EXCAVATED THE AREA AND THEN DID NOT TAKE THE NECESSARY STEPS TO MAKE A DETERMINATION THAT THE SOIL CONTAINED A HAZARDOUS WASTE. LATER THE SOIL WAS FOUND TO CONTAIN PENTACHLOROPHENOL (PCP), A DIOXIN CONTAINING CHEMICAL THAT HAD BEEN USED TO TREAT WOOD AT THE M&B SITE. BNSF ATTEMPTED TO DISPOSE OF THE CONTAMINATED SOIL IN A SAND AND GRAVEL PIT THAT WAS NOT PERMITTED FOR HAZARDOUS WASTE DISPOSAL. BNSF CORRECTED IT'S VIOLATIONS PRIOR TO THE ISSUANCE OF THIS CAFO. THIS CAFO IS FOR PENALTY ONLY.