1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. AT&SF ALBUQUERQUE SUPERFUND SITE 3300 SECOND STREET S.W. ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87102 RESPONDENT: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 3. THE SITE IS THE LOCATION OF A FORMER WOOD TREATING PLANT THAT TREATED VARIOUS WOOD PRODUCTS WITH A SOLUTION OF CREOSOTE AND OIL. THE PLANT OPERATED FROM MAR. 1908 UN- TIL JAN. 1972. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY ( AT&SF ) OWNED AND OPERATED THE PLANT UNTIL 1972, WHEN THE FACILITY WAS DISMANTLED. IN LATE 1996, THE BURLINGTON NORTHERN RAILROAD COMPANY MERGED WITH THE AT&SF TO FORM THE BURLINGTON NORTHERN AND SANTA FE RAIL- WAY COMPANY (BNSF), WHICH IS THE SITE AND FACILITY OWNER AND OPERATOR. THE ONLY REMAINING PHYSICAL FEATURE OF THE FORMER TIE TREATING PLANT AT THE SITE IS THE SURFACE IMPOUNDMENT. THE IMPOUNDMENT IS CONTAINED WITHIN A FIVE-FOOT HIGH EARTHERN BERM AND CONSISTS OF TWO AREAS: THE WASTEWATER RESERVOIR AND THE WASTEWATER SUMP. THE SLUDGE AND PROCESS RESIDUE LOCATED IN THE BOTTOM OF THE IMPOUNDMENT CONSTI- TUTES THE SITE'S REMAINING MAJOR