[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66689-66690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23378]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA)

    On September 22, 2016, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District Washington in the lawsuit entitled United States of America et 
al. v. City

[[Page 66690]]

of Seattle, Civil Action No. 16-1486 (W.D. Wa.)
    The complaint asserts claims for natural resource damages by the 
United States on behalf of the National Oceanic and Atmospheric 
Administration and the Department of the Interior; the State of 
Washington; the Suquamish Tribe; and the Muckleshoot Indian Tribe (the 
Natural Resource Trustees) pursuant to the 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; section 1002(b) of the Oil Pollution Act (OPA), 33 
U.S.C. 2702(b); and the Washington Model Toxics Control Act (MTCA), RCW 
70.105D.
    The proposed consent decree settles claims for natural resource 
damages caused by hazardous substances released from City of Seattle 
facilities along the Duwamish Waterway. Under the proposed consent 
decree, the City of Seattle will purchase restoration credits in 
projects approved by the Natural Resource Trustees to create habitat 
for injured natural resources, including various species of fish and 
birds. The City of Seattle also will establish conservation easements 
on a number of parcels along the Lower Duwamish Waterway to ensure that 
restoration projects constructed on those parcels are preserved, and 
the City will pay approximately $91,000 of the Trustees' damage 
assessment costs. The City will also pay Bluefield Holdings, Inc., to 
operate and maintain a restoration project under the Trustees' 
oversight, and Bluefield will reimburse the Trustees' future oversight 
costs for this project. The Natural Resource Trustees will provide the 
City of Seattle with covenants not to sue under the statutes listed in 
the complaint and proposed consent decree for specified natural 
resource damages.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America et al. v. City of Seattle, 
D.J. Ref. No. 90-11-3-07227/2. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed consent decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $54.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. 
Alternatively, to obtain a copy of only the main body of the proposed 
consent decree, excluding appendices, please enclose a check or money 
order for $19.50.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-23378 Filed 9-27-16; 8:45 am]
 BILLING CODE 4410-15-P