Notice2022-01357
Notice of Lodging of Proposed Fifth Amendment to Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act
Primary source
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Published
January 25, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Page 3841]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01357]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Fifth Amendment to Consent Decree
Under the Comprehensive Environmental Response, Compensation and
Liability Act
On January 19, 2022, the Department of Justice lodged a proposed
Fifth Amendment to Consent Decree (``Amendment'') with the United
States District Court for the Western District of Washington in the
lawsuit entitled United States v. Point Ruston, LLC, Civil Action No.
C91-5528 B.
The Amendment constitutes a material modification of a 1997 Consent
Decree (``Decree'') concerning the remediation of a portion of the
Commencement Bay, Near Shore/Tide Flats Superfund Site in Tacoma and
Ruston, Washington (``Site'') by Point Ruston, LLC (``Point Ruston'').
The Amendment extends various remedial action deadlines for several
parcels and accelerates the cleanup date for several other parcels. If
Point Ruston meets certain criteria--timely payment of oversight costs
due under the Decree and a demonstration of financing sufficient to
fund the development and capping of a discrete parcel--it is eligible
for a further extension. As a pre-requisite to the Amendment, Point
Ruston was required to install groundwater wells and conduct a sampling
event, pay $1,850,448.74 in stipulated penalties with interest, and pay
taxes on five parcels at the Site that were in property tax
foreclosure.
The publication of this notice opens a period for public comment on
the Amendment. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States v. Point Ruston, LLC, D.J. Ref. No. 90-11-2-698. 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............................ <a href="/cdn-cgi/l/email-protection#e3939681808c8e8e868d97ce868690cd868d9187a39690878c89cd848c95"><span class="__cf_email__" data-cfemail="98e8edfafbf7f5f5fdf6ecb5fdfdebb6fdf6eafcd8edebfcf7f2b6fff7ee">[email protected]</span></a>.
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 Amendment may be examined and
downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of the Amendment
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 $2.75 (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. 2022-01357 Filed 1-24-22; 8:45 am]
BILLING CODE 4410-15-P
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