[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5920-5921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01836]


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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 January 24, 2023, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District of Washington in the lawsuit entitled United States of 
America, State of Washington, Suquamish Tribe, and Muckleshoot Indian 
Tribe v. Lynden, Inc., et al., Civil Action No. 2:23-cv-00101.
    The proposed consent decree resolves claims brought 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 (collectively, the 
Natural Resource Trustees) against Lynden, Inc., Knik Construction Co., 
Inc., Douglas Management Company, Alaska Marine Lines, Inc., Swan Bay 
Holdings, Inc., Bering Marine Corp., 7100 First Avenue S Seattle, LLC, 
5615 West Marginal Way SW Seattle, LLC, 5600 West Marginal Way SW 
Seattle, LLC, LTI, Inc., Lynden Transport, Inc. (f/k/a Lynden Transfer, 
Inc.), and Alagnak Holdings, LLC (Defendants) for natural resource 
damages caused by releases of hazardous substances and discharges of 
oil from facilities owned and/or operated at various times by the 
Defendants, located along and near the Lower Duwamish River, pursuant 
to

[[Page 5921]]

section 107(a) of CERCLA, section 311 of the CWA, section 1002(b) of 
OPA, and the Washington Model Toxics Control Act (MTCA), RCW 70.105D. 
The settlement requires Defendants to make a payment of $556,250 for 
natural resource damages to the Trustees, and to purchase restoration 
credits in a restoration project constructed along the Lower Duwamish 
River by a project developer to serve as a restoration credit bank. The 
settlement also requires Defendants to pay their equitable share of 
assessment costs incurred by the Natural Resource Trustees, totaling 
$31,528.25. The Defendants will receive 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 et al. v. Lynden, Inc., et al., D.J. 
Ref. No. 90-11-3-07227/5. 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 website: 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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-01836 Filed 1-27-23; 8:45 am]
BILLING CODE 4410-15-P