[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Page 65403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26070]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'')

    Pursuant to Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), 
notice is hereby given that on October 22, 2008, a proposed Consent 
Decree in United States of America v. Domtar Paper Company LLC, Civil 
Action No. 4:08-cv-179, was lodged with the United States District 
Court for the Eastern District of North Carolina.
    In this action the United States sought to require the Defendant 
Domtar Paper Company LLC to conduct remedial design and remedial action 
to address releases and threatened releases of hazardous substances at 
the Domtar Paper Company LLC (formerly Weyerhaeuser Company) Plymouth 
Wood Treating Plant Superfund Site (``Site'') near the town of Plymouth 
in Martin County, North Carolina. The United States also sought to 
recover certain past and future costs incurred by the Environmental 
Protection Agency (``EPA'') during the performance of response actions 
at the Site.
    Under the Consent Decree, the Defendant will perform the remedial 
design and remedial action at Operable Unit 4, which consists 
of the sediments and surface waters in Welch Creek and its associated 
wetlands, pursuant to the September 26, 2007 Record of Decision (ROD). 
The remedy provides for the placement of a thin layer of clean sand 
capping the upstream reach of the creek; long-term monitoring and 
maintenance of the cap; monitoring sediment mobility in the less-
contaminated midstream reach of the creek; long-term testing and 
monitoring of sediments, surface water, and biota to document the 
performance of the remedy; and institutional controls to ensure public 
health and maintain the integrity of the remedy. The Defendant will 
also reimburse the Hazardous Substance Superfund for EPA's response 
costs incurred after March 5, 2007 at or in connection with Operable 
Unit 4.
    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 of America v. Domtar Paper Company LLC, Civil Action No. 
4:08-cv-179 (E.D.N.C.), DOJ Ref. 90-11-3-07838/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of North Carolina, 310 New Bern 
Avenue, Suite 800, Raleigh, North Carolina 27601, and at EPA Region 4, 
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303. 
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.htm. 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 from the Consent Decree Library, please refer to 
United States of America v. Domtar Paper Company LLC, Civil Action No. 
4:08-cv-179 (E.D.N.C.), DOJ Ref. 90-11-3-07838/2, and enclose a check 
in the amount of $65.75 (25 cents per page reproduction cost) payable 
to the U.S. Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. E8-26070 Filed 10-31-08; 8:45 am]
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