[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48915-48916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19982]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act,
the Model Toxics Control Act, Clean Water Act, the Washington Water
Pollution Control Act, and the Oil Pollution Act
On August 5, 2015, The United States of America filed a complaint
and lodged a proposed Consent Decree with the United States District
Court for the Western District of Washington in the lawsuit entitled
United States of America, et al. v. Advance Ross Sub Company, et al.,
Civil Action 3:15-cv-05548, Dkt #'s 1-9.
The United States Department of Commerce, acting through NOAA; the
United States Department of the Interior; the Washington Department of
Ecology on behalf of the State of Washington; the Puyallup Tribe of
Indians, and the Muckleshoot Indian Tribe (collectively, ``the
Trustees'' and, individually, a ``Trustee''), under the authority of
section 107(f) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) 42 U.S.C. 9607(f), section
1321(f)(5) of the Clean Water Act (CWA), section 1006(b) of the Oil
Pollution Act (OPA), 33 U.S.C. 2706(b), and 40 CFR part 300, subpart G,
of the Model Toxics Control Act (MTCA) and the Washington Water
Pollution Control Act (WPCA), serve as trustees for natural resources
for the assessment and recovery of damages for injury to, destruction
of, or loss of natural resources under their trusteeship.
Investigations conducted by the United States Environmental
Protection Agency (``EPA''), the Trustees, and others have detected
hazardous substances in the sediments, soils and groundwater of the
Commencement Bay environment, including but not limited to arsenic,
antimony, cadmium, chromium, copper, mercury, nickel, lead, zinc,
bis(2-ethylhexyl)-phthalate, polycyclic aromatic hydrocarbons (PAHs),
and polychlorinated biphenyls (PCBs). The Trustees have documented the
presence of over 23 hazardous substances in the marine sediments of
Commencement Bay's Thea Foss and Wheeler-Osgood Waterways.
Plaintiffs have filed a complaint pursuant to section 107 of
CERCLA, 42 U.S.C. 9607; MTCA, chapter 70.105D RCW; CWA, 33 U.S.C. 1251
et seq.; and OPA, 33 U.S.C. 2701 et seq., seeking recovery from
Defendants of damages for injury to, destruction of, and loss of
natural resources resulting from releases of hazardous substances from
the Thea Foss and Wheeler-Osgood waterway and into Commencement Bay,
including the costs of assessing the damages.
The Trustees allege that Defendants each are the current or past
owners and/or operators of facilities from which hazardous substances
have been discharged to Commencement Bay. The Trustees further allege
that those hazardous substances caused injury to, destruction of, and
loss of natural resources, including fish, shellfish, invertebrates,
birds, marine sediments, and resources of cultural significance.
Under the proposed settlement, the Defendants will fund and take
responsibility for the development of a habitat restoration project on
the White River; Monitor and adaptively manage the project for ten
years to ensure stable acreage; preserve a portion of the Wheeler
Osgood Waterway for use as a future habitat restoration project; pay
$50,000 to fund Trustee oversight of the restoration projects;
reimburse $833,705 in Trustees' assessment costs; and contribute
$188,000 to the Trustees' permanent restoration site stewardship fund.
The publication of this notice opens a period for public comment on
the Proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States, et al. v. Advance Ross Sub Company
et al. Aluminum Corporation, Civil Action No. 3:15-cv-05548, D.J. Ref.
No. 90-11-2-1049/16. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected]
By mail............................. Assistant Attorney General, U.S.
DOJ-ENRD, P.O. Box 7611,
Washington, D.C. 20044-7611
------------------------------------------------------------------------
During the public comment period, the Proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed consent decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $44.75 (25 cents per page
[[Page 48916]]
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2015-19982 Filed 8-13-15; 8:45 am]
BILLING CODE 4410-15-P