[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]


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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:

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         To submit comments:                     Send them to:
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By email............................  [email protected]
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611
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    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