[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Notices]
[Pages 27251-27252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11128]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on May 3, 2012, a proposed Consent 
Decree in United States v. Cabot Corporation, et. al., Civil Action No. 
1:12-cv-01097 was lodged with the United States District Court for the 
Northern District of Ohio.
    The complaint filed by the United States in this action asserts 
claims under Section 107(a) of the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (``CERCLA''), 42 
U.S.C. 9607(a), and Section 311(f) of the Clean Water Act, as

[[Page 27252]]

amended (``CWA''), 33 U.S.C. 1321(f), to recover damages for injuries 
to natural resources in the lower Ashtabula River and Harbor. The 
United States' complaint asserts claims against 18 separate parties, 
based on alleged releases or discharges of hazardous substances from 
numerous industrial facilities that operated in Ashtabula at various 
times since the 1940s. Concurrently with the filing of the United 
States' complaint, the State of Ohio also filed a complaint under 
CERCLA, the CWA, and other authorities, seeking to recover damages for 
injuries to resources in the lower Ashtabula River and Harbor. The 
State's complaint asserts claims against all of the parties named as 
defendants in the United States' complaint, as well as certain entities 
that are part of the federal government.
    The proposed Consent Decree would resolve all claims assert in the 
complaints filed by the United States and the State of Ohio, as well as 
certain potential claims of the private party defendants against the 
United States. Under the terms of the proposed settlement, Settling 
Defendants and Settling Federal Agencies will collectively pay more 
than $2.3 million to federal and state natural resource damages funds 
as reimbursement for natural resource damage assessment costs 
previously incurred by federal and state natural resource trustees in 
connection with the Ashtabula River site. In addition, Settling 
Defendants will implement a number of natural resource damage 
restoration projects in accordance with plans approved by federal and 
state natural resource trustees. Finally, the proposed settlement 
provides for Settling Defendants to pay a total of $440,000 to the 
Trustees for future restoration activities, including costs that may be 
incurred by the Trustees in connection with restoration projects 
undertaken by the Settling Defendants.
    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 emailed 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 v. Cabot Corporation, et al., D.J. Ref. 90-11-2-210/1.
    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/Consent_Decrees.html. A copy of the Consent Decrees 
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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax number (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy of the Consent 
Decree from the Consent Decree Library by mail, please enclose a check 
in the amount of $87.00 (25 cents per page reproduction cost) payable 
to the U.S. Treasury or, if requesting by email or fax, forward a check 
in that amount to the Consent Decree Library at the address given 
above. In requesting a copy exclusive of exhibits and defendants' 
signatures, please enclose a check in the amount of $17.50 (25 cents 
per page reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 2012-11128 Filed 5-8-12; 8:45 am]
BILLING CODE 4410-15-P