[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Notices]
[Page 31454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14929]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980

    Notice is hereby given that on May 28, 1997, a proposed consent 
decree in United States v. City of Tacoma, Case No. C97-5336RJB (W.D. 
Wash), was lodged with the United States District Court for the Western 
District of Washington. The Consent Decree resolves claims brought by 
the trustees for natural resources in Commencement Bay (located 
adjacent to Tacoma, Washington) against the City of Tacoma and its 
Department of Public Utilities pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), 42 U.S.C. 9601, et seq. The trustees for natural 
resources in Commencement Bay are the National Oceanic and Atmospheric 
Administration (NOAA), the Department of the Interior (DOI), the State 
of Washington, the Puyallup Tribe of Indians, and the Muckleshoot 
Indian Tribe (collectively ``the Trustees''). Pursuant to a memorandum 
of understanding, the Trustees are jointly conducting a Natural 
Resource Damage Assessment (NRDA).
    Defendants' liability stems from their ownership and operation of a 
municipal storm water drainage system and other properties that are or 
have been the source of releases of a series of hazardous substances 
into the waters of Commencement Bay. The proposed Consent Decree 
requires the defendant to acquire or perpetually lease five parcels of 
land located on the Commencement Bay shoreline and spend a total of 
approximately $3.3 million constructing and maintaining five habitat 
restoration projects on these properties. The Consent Decree also 
requires that the City make the following payments and in-kind 
contributions: (1) $227,000 to the Trustees as reimbursement of past 
damage assessment costs; (2) $500,000 to the Trustees as reimbursement 
of anticipated costs in Trustee oversight of the City's construction 
and maintenance of the restoration projects; (3) $500,000 to the 
Puyallup and Muckleshoot tribes to support tribal government programs 
for the planning and implementation of habitat restoration and other 
activities related to conservation and protection of natural resources 
in the Commencement Bay Environment; (4) $250,000 in the form of in-
kind services to the NRDA and (5) $75,000 operating a pollution-
reporting hotline and ancillary support services for five years.
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044, and refer to United States v. City of Tacoma, DOJ number 
90-11-2-1049A.
    Copies of the proposed consent decree may be examined at the Office 
of the United States Attorney, 3600 Seafirst Fifth Avenue Plaza, 500 
Fifth Avenue, Seattle, WA 98104; and the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy 
of the proposed consent decree may be obtained by mail or in person 
from the Consent Decree Library. When requesting a copy of the consent 
decree, please enclose a check in the amount of $16.00 for consent 
decree only or $85.75 for consent with attachments (25 cents per page 
reproduction costs) payable to the ``Consent Decree Library''. When 
requesting a copy please refer to United States v. City of Tacoma, DOJ 
Case number 90-11-2-1049A.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-14929 Filed 6-6-97; 8:45 am]
BILLING CODE 4410-15-M