[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Page 8927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4541]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the Clean 
Water Act

    Notice is hereby given that on February 19, 2003, a proposed 
Consent Decree in United States v. Certus, Inc., Civil Action No. 
1:02CV00095, was lodged with the United States District Court for the 
Western District of Virginia.
    In this action the United States sought recovery under Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9607, and Section 311(f) of the 
Federal Water Pollution Control Act (``Clean Water Act''), 33 U.S.C. 
1321(f), of natural resource damages resulting from the release of 
hazardous substances from a tanker truck into the Clinch River in 
Tazewell County, Virginia. The Consent Decree requires Settling 
Defendant Certus, Inc. to pay $3,707,432.84 to the United States and 
the Commonwealth of Virginia, as co-Trustees for natural resources, for 
use in restoring the natural resources injured by the release. In 
addition, Certus will pay $92,567.16 to the United States in 
reimbursement of outstanding natural resource damages assessment costs. 
Certus previously reimbursed the United States $481,967.40 for 
additional assessment costs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Certus, Inc., D.J. Ref. No. 90-11-2-07004.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Virginia, 105 Franklin Road, SW., 
Roanoke, VA 24011, and at U.S. Fish & Wildlife Service, Virginia Field 
Office, 6669 Short Lane, Gloucester, VA 23061. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy, please 
enclose a check in the amount of $6.50 (25 cents per page reproduction 
cost) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-4541 Filed 2-25-03; 8:45 am]
BILLING CODE 4410-15-M