[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Page 21769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08477]


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DEPARTMENT OF JUSTICE


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

    On April 19, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Hawaii in the lawsuit entitled United States v. Kaanapali Land, LLC 
and Oahu Sugar Company, LLC, Civil Action No. 1:21-cv-00190.
    The complaint filed in this case alleges claims for response costs 
and natural resource damages under the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA'') against 
Kaanapali Land LLC and its bankrupt subsidiary, Oahu Sugar Company, LLC 
(``Oahu Sugar'') (together, ``Settling Defendants''). These claims 
arise from the release and threatened release of dioxins and 
pentachlorophenol, among other hazardous substances, at and from the 
former Oahu Sugar pesticide mixing facility (``Site'') located within 
the Pearl Harbor Naval Complex Superfund Site. Under the Consent 
Decree, Settling Defendants will pay a total of $7.5 million to the 
United States Environmental Protection Agency, United States Department 
of the Interior, the National Oceanic and Atmospheric Administration, 
and the Department of Defense, Department of the Navy for Site cleanup 
and environmental restoration projects. In return, the Consent Decree 
grants covenants not to sue to Settling Defendants and related parties 
under Sections 106, 107(a), and 113 of CERCLA, Section 311(f)(4) of the 
Clean Water Act, and Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA'').
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Kaanapali Land, LLC and Oahu Sugar 
Company, LLC, D.J. Ref. No. 90-11-3-08781/1. 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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, US
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-08477 Filed 4-22-21; 8:45 am]
BILLING CODE 4410-15-P