83 FR 4516 - Notice of Lodging of Proposed Consent Decree Under The Clean Water Act and Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 21 (January 31, 2018)

[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4516-4517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01841]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under The Clean 
Water Act and Oil Pollution Act

    On January 25, 2018, 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, State of 
Washington through the Washington Department of Ecology, Suquamish 
Tribe, and Tulalip Tribes v. Jeld-Wen, Inc., Kimberly Clark Corp., and 
Weyerhaeuser NR Company, Civil Action No. 2:18-cv-00113.
    The proposed Consent Decree resolves claims alleged against the 
Defendants for natural resource damages caused by discharges of 
hazardous substances and oil to the Port Gardner Bay Area in Everett, 
Washington. The settlement requires each Defendant to pay its allocated 
share of the total damages estimated for the Port Gardner Bay Area and 
the assessment costs incurred by the Natural Resource Trustees. The 
Consent Decree requires natural resource damages payments totaling 
$3,946,633 and reimbursement of assessment costs totaling $344,253. The 
Defendants will receive covenants not to sue under the Clean Water Act; 
the Oil Pollution Act; the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''); and the State of 
Washington Model Toxics Control Act for natural resource damages caused 
by discharges of hazardous substances and oil from their respective 
facilities, identified in Appendix B to the Decree, to the Port Gardner 
Bay Area.
    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, State of Washington through the 
Washington Department of Ecology, Suquamish Tribe, and Tulalip Tribes 
v. Jeld-Wen, Inc., Kimberly Clark Corp., and Weyerhaeuser NR Company, 
D.J. Ref. No. 90-11-3-10859. 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    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.

[[Page 4517]]

    Please enclose a check or money order for $8.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-01841 Filed 1-30-18; 8:45 am]
BILLING CODE 4410-15-P