[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Notices]
[Pages 28810-28811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12218]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the Park 
System Resource Protection Act

    Notice is hereby given that on May 9, 2011, the United States 
lodged a proposed Consent Decree in United States et al. v. South 
Carolina Electric & Gas Company, Case No. 2-11-cv-1110-CWH (D. S. Car. 
May 9, 2011). The proposed Consent Decree resolves environmental claims 
brought by plaintiffs including the United States Department of 
Interior, National

[[Page 28811]]

Oceanic and Atmospheric Administration of the United States Department 
of Commerce, the Office of the Governor of South Carolina, the South 
Carolina Department of Health and Environmental Control (``SDHEC''), 
and the South Carolina Department of Natural Resources (``SCDNR'') 
against South Carolina Electric & Gas Company (``SCE&G''). The claims 
arise from the release of hazardous substances at the National Park 
Service's Dockside II Property, which is located in Fort Sumter 
National Monument, Charleston, South Carolina.
    Under the terms of the Consent Decree, SCE&G agrees to pay the 
United States $3.4 million for costs incurred responding to the release 
or threatened release of hazardous substances under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607(a). In addition, SCE&G agrees to pay $200,000 in damages 
to the United States for damages incurred by the National Park Service 
under the Park System Resource Protection Act, 16 U.S.C. 19jj. SCE&G 
also agrees to pay $120,528.88 to state and federal trustees for 
natural resources damages, which will be used for oyster habitat 
restoration, 42 U.S.C. 9607(a). Finally, SCE&G has agreed to reimburse 
NOAA for $26,932.51, SCDHEC for $1,589.26, and SCDNR for $949.35 in 
costs incurred performing natural resources damages assessments, 42 
U.S.C. 9607(a). In return, SCE&G, will receive a covenant not to sue 
from the United States with respect to past and future response costs 
at the Dockside II Property pursuant to Section 107(a) of CERCLA, 42 
U.S.C. 9607(a) and damages under the Park System Resource Protection 
Act, 16 U.S.C. 19jj. SCE&G will also receive a covenant from the United 
States and State of South Carolina for natural resources damages 
pursuant to CERCLA Section 107(a) at the Calhoun Park Area Site, 42 
U.S.C. 9607(a).
    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 Ignacia S. Moreno, Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States et al. v. South Carolina Electric & Gas Company, 
Case No. 2-11-cv-1110-CWH (D. S. Car. May 9, 2011), D.J. Ref. 90-11-2-
1171/1.
    The Consent Decree may be examined on the following Department of 
Justice website: http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Settlement Agreement 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 number (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $6.50 
(.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.

    Dated: May 12, 2011.
Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-12218 Filed 5-17-11; 8:45 am]
BILLING CODE 4410-15-P