[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Page 21405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9139]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act; Clean Water
Act; and Oil Pollution Act
Notice is hereby given that on April 6, 2011, a proposed Consent
Decree (the ``Consent Decree'') in United States of America, on Behalf
of the National Oceanic and Atmospheric Administration and the United
States Department of the Interior; State of Washington through the
Washington Department of Ecology; Muckleshoot Indian Tribe; and
Puyallup Tribe of Indians v. Foss Maritime Company and Maritime
Industries Northwest, Inc., No. 11-cv-5263, was lodged with the United
States Western District of Washington. The Complaint alleged claims
under section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a); section
311 of the Clean Water Act (CWA), 33 U.S.C. 1321; and section 1002(b)
of the Oil Pollution Act (OPA), 33 U.S.C. 2702(b), for damages for
injury to, destruction of, or loss of natural resources resulting from
the release of hazardous substances and discharges of oil into the
Middle Waterway of the Commencement Bay/Nearshore Tideflats Superfund
site in Tacoma, Washington.
In settlement of the claims for injury to, destruction of, or loss
of natural resources, the Defendants have agreed to preserve the site
of a former marine dock at the mouth of Middle Waterway in perpetuity
for use as a habitat restoration site, and will pay $7,802,081.29 in
cash. In addition, the Defendants will pay $300,000.00 toward the
Trustees' long-term restoration project oversight and stewardship
activities and $700,000.00 to reimburse Trustee damage assessment
costs.
During the public comment period, the Consent Decree may be
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree
may also be obtained by mail from the Consent Decree Library, P.O. Box
7611, United States 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.
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, and either e-
mailed to [email protected] or mailed to P.O. Box 7611,
United States Department of Justice, Washington, DC 20044-7611, and
should refer to United States v. Foss Maritime Company, et al. DJ. Ref.
90-11-2-729/2.
In requesting a copy from the Consent Decree Library, please
enclose a check in the amount of $10.75 (25 cents per page reproduction
cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a
check in that amount to the Consent Decree Library at the stated
address.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2011-9139 Filed 4-14-11; 8:45 am]
BILLING CODE 4410-15-P