[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19358-19359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05659]
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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)
and Notice of Availability of Draft Restoration Plan/Environmental
Assessment of Restoration Project Incorporated Into Proposed Consent
Decree
On March 12, 2024, 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,
State of Washington, Muckleshoot Indian Tribe, and Suquamish Indian
Tribe of the Port Madison Reservation v. General Recycling of
Washington, LLC, Civil Action No. 2:24-cv-00329, Docket No. 3-1.
The complaint asserts claims against General Recycling of
Washington, LLC, The David J. Joseph Company, and Nucor Steel Seattle,
Inc. (Defendants) 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 Muckleshoot
Indian Tribe; and the Suquamish Indian Tribe of the Port Madison
Reservation (collectively, the Trustees) pursuant to 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 70A.305.
The proposed consent decree resolves claims alleged against
Defendants for natural resource damages caused by releases of hazardous
substances and discharges of oil from the General Recycling facility,
currently owned and/or operated by General Recycling of Washington, LLC
and Nucor Steel Seattle, Inc., and formerly operated by The David J.
Joseph Company, to the Lower Duwamish River in and near Seattle,
Washington. The settlement requires Defendants to construct, monitor,
and maintain a habitat restoration project at the facility, creating
nearly three acres of off-channel habitat for injured natural
resources. The settlement also requires Defendants to pay a total of
$360,558.12 for their equitable share of assessment costs incurred by
the Trustees. The
[[Page 19359]]
Defendants will receive covenants not to sue under the statutes listed
in the complaint and proposed consent decree for specified natural
resource damages.
The Trustees have developed a Draft Restoration Plan and
Environmental Assessment (``RP/EA'') for the habitat restoration
project, incorporated into the proposed consent decree. The Draft RP/EA
proposes to select the habitat restoration project as one of the
projects to address injuries to natural resources in the Lower Duwamish
River.
The publication of this notice opens a period for public comment on
the proposed consent decree and the Draft RP/EA. Comments on the
proposed consent decree should be addressed to the Assistant Attorney
General, Environmental and Natural Resources Division, and should refer
to United States of America, et al. v. General Recycling of Washington,
LLC, et al., D.J. Ref. No. 90-11-3-07227/14. 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 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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Any comments submitted in writing may be filed by the United States
in whole or in part on the public court docket without notice to the
commenter.
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. If you require assistance
accessing the proposed consent decree, you may request assistance by
email or by mail to the addresses provided above for submitting
comments.
The publication of this notice also opens a period for public
comment on the Draft RP/EA. The Trustees will receive comments relating
to the Draft RP/EA for a period of thirty (30) days from the date of
this publication. A copy of the Draft RP/EA is available electronically
at https://pub-data.diver.orr.noaa.gov/admin-record/5501/LDR%20General%20Recycling%20Draft%20RP%20EA%20for%20Public%20Review%20030624.pdf.
A copy of the Draft RP/EA may also be obtained by mail from: Lower
Duwamish River NRDA, Attn: Terill Hollweg, National Oceanic and
Atmospheric Administration, 7600 Sand Point Way NE, Building 1 (DARC),
Seattle, WA 98115.
Please reference: Draft RP/EA related to United States et al. v.
General Recycling Consent Decree.
Comments on the draft RP/EA may be submitted electronically to
[email protected]. Additionally, written comments on the
Draft RP/EA should be addressed to: Lower Duwamish River NRDA, Attn:
Terill Hollweg, National Oceanic and Atmospheric Administration, 7600
Sand Point Way NE, Building 1 (DARC), Seattle, WA 98115.
Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-05659 Filed 3-15-24; 8:45 am]
BILLING CODE 4410-15-P