[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Page 21405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9139]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act; Clean Water 
Act; and Oil Pollution Act

    Notice is hereby given that on April 6, 2011, a proposed Consent 
Decree (the ``Consent Decree'') in United States of America, on Behalf 
of the National Oceanic and Atmospheric Administration and the United 
States Department of the Interior; State of Washington through the 
Washington Department of Ecology; Muckleshoot Indian Tribe; and 
Puyallup Tribe of Indians v. Foss Maritime Company and Maritime 
Industries Northwest, Inc., No. 11-cv-5263, was lodged with the United 
States Western District of Washington. The Complaint alleged claims 
under 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; and section 1002(b) 
of the Oil Pollution Act (OPA), 33 U.S.C. 2702(b), for damages for 
injury to, destruction of, or loss of natural resources resulting from 
the release of hazardous substances and discharges of oil into the 
Middle Waterway of the Commencement Bay/Nearshore Tideflats Superfund 
site in Tacoma, Washington.
    In settlement of the claims for injury to, destruction of, or loss 
of natural resources, the Defendants have agreed to preserve the site 
of a former marine dock at the mouth of Middle Waterway in perpetuity 
for use as a habitat restoration site, and will pay $7,802,081.29 in 
cash. In addition, the Defendants will pay $300,000.00 toward the 
Trustees' long-term restoration project oversight and stewardship 
activities and $700,000.00 to reimburse Trustee damage assessment 
costs.
    During the public comment period, the Consent Decree may be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, United States Department of Justice, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#fc889392959dd29a909999888b939398bc898f989396d29b938a"><span class="__cf_email__" data-cfemail="45312a2b2c246b2329202031322a2a21053036212a2f6b222a33">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to <a href="/cdn-cgi/l/email-protection#e2929780818d8f8f878c96cf878791cc878c9086a29791868d88cc858d94"><span class="__cf_email__" data-cfemail="e696938485898b8b838892cb838395c883889482a6939582898cc8818990">[email protected]</span></a> or mailed to P.O. Box 7611, 
United States Department of Justice, Washington, DC 20044-7611, and 
should refer to United States v. Foss Maritime Company, et al. DJ. Ref. 
90-11-2-729/2.
    In requesting a copy from the Consent Decree Library, please 
enclose a check in the amount of $10.75 (25 cents per page reproduction 
cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a 
check in that amount to the Consent Decree Library at the stated 
address.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-9139 Filed 4-14-11; 8:45 am]
BILLING CODE 4410-15-P


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