[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Page 54571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18295]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7, and Section 
122(d)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), notice is hereby 
given that on September 1, 2005, a proposed Remedial Design/Remedial 
Action Consent Decree (``Decree'') in United States v. The Oeser 
Company, Civil Action No. C05-1491-JCC (W.D. Washington) was lodged 
with the United States District Court for the Western District of 
Washington.
    The Decree resolves claims of the United States against the Oeser 
Company (``Oeser'') under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 
9606 and 9607(a), for injunctive relief, civil penalties, and recovery 
of response costs incurred and to be incurred by the United States 
Environmental Protection Agency (``EPA'') at the Oeser Company 
Superfund Site located in Whatcom County, Bellingham, Washington 
(``Site''). The Decree requires Oeser to implement EPA's selected 
remedial action for the Site, pay EPA's future oversight costs at the 
Site, and pay at least $8.6 million in reimbursement of EPA's past 
response costs. The remedial action is expected to cost about $3.8 
million, but costs could go as high as $6 million. To secure the funds 
for the cleanup, Oeser will deposit approximately $6 million into two 
trust accounts that will be used first to pay for the cleanup and 
secondly, if any funds remain, to provide additional reimbursement of 
EPA's past costs. In addition, the company agrees to contribute 
$500,000 to a trust account held by the City of Bellingham for 
performance of a cleanup of Little Squalicum Creek.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. The Oeser Company, Civil Action No. C05-1491-JCC (W.D. 
Washington), D.J. Ref. 90-11-2-07535.
    The Decree may be examined at the Office of the United States 
Attorney for the Western District of Washington, 700 Stewart Street, 
Suite 5220, Seattle, Washington 98101-1271, and at U.S. EPA Region X, 
1220 Sixth Avenue, Seattle, Washington 98101. During the public comment 
period, the Decree, may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 
Decree may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. 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#9febf0f1f6feb1f9f3fafaebe8f0f0fbdfeaecfbf0f5b1f8f0e9"><span class="__cf_email__" data-cfemail="6a1e0504030b440c060f0f1e1d05050e2a1f190e0500440d051c">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $79.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. In requesting a 
copy without the appendices, please enclose a check in the amount of 
$18.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-18295 Filed 9-14-05; 8:45 am]
BILLING CODE 4410-15-M


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