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

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Published

March 18, 2024

Issuing agencies

Justice Department

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<title>Federal Register, Volume 89 Issue 53 (Monday, March 18, 2024)</title>
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[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19358-19359]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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............................  <a href="/cdn-cgi/l/email-protection#b6c6c3d4d5d9dbdbd3d8c29bd3d3c598d3d8c4d2f6c3c5d2d9dc98d1d9c0"><span class="__cf_email__" data-cfemail="7b0b0e19181416161e150f561e1e08551e15091f3b0e081f1411551c140d">[email&#160;protected]</span></a>.
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: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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 <a href="https://pub-data.diver.orr.noaa.gov/admin-record/5501/LDR%20General%20Recycling%20Draft%20RP%20EA%20for%20Public%20Review%20030624.pdf">https://pub-data.diver.orr.noaa.gov/admin-record/5501/LDR%20General%20Recycling%20Draft%20RP%20EA%20for%20Public%20Review%20030624.pdf</a>.
    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 
<a href="/cdn-cgi/l/email-protection#1f7370687a6d7b6a687e72766c776d76697a6d31716d7b7e5f71707e7e31787069"><span class="__cf_email__" data-cfemail="fd91928a988f99888a9c90948e958f948b988fd3938f999cbd93929c9cd39a928b">[email&#160;protected]</span></a>. 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


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