Notice2024-30882
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act
Primary source
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Published
December 30, 2024
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106592-106593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30882]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response Compensation and Liability Act
On December 19, 2024, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Virginia in the lawsuit entitled United States and
Commonwealth of Virginia, Secretary of Natural and Historic Resources
v. FMC Corporation, Civil Action No. 5:24-CR-108.
The lawsuit was initiated by a complaint filed by the United States
and the Commonwealth of Virginia (the ``Trustees'') in their capacity
as the legally designated trustees for natural resources in Virginia.
The complaint alleged, inter alia, that the Defendant was liable for
damages for injury to, destruction of, or loss of natural resources
resulting from the release of hazardous substances at and from the
Avtex Fibers, Inc. Site (the ``Site'') in Front Royal, Virginia,
pursuant to three statutes: the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, the Virginia State Water
Control Law, and the Virginia Waste Management Act.
The Consent Decree resolves the claims of the Trustees against the
Defendant for a total payment of $1,674,361. Of this amount, $1,393,219
will be paid into the United States' Natural Resource Damages
Assessment and Restoration ``(NRDAR'') Fund managed by the U.S.
Department of the Interior, which will reimburse the Department's
natural resource damages assessment activities and fund projects aimed
at restoring the injured natural resources at the Site. The remaining
$281,142 will be paid to the Commonwealth of Virginia for restoration
of injured natural resources arising from groundwater contamination at
the Site, and to reimburse the Commonwealth's natural resource damages
assessment costs. In addition, as part of the settlement the United
States will pay $2,496,305 into the NRDAR Fund to support restoration
projects. This latter amount will resolve the alleged liability of four
settling
[[Page 106593]]
federal agencies--the U.S. Department of Defense, the Department of
Commerce, the General Services Administration, and the National
Aeronautics and Space Administration--that allegedly contributed to the
natural resource damages incurred at and from the Site. In return for
these payments, the United States and the Commonwealth will confer on
the Defendant and the settling federal agencies covenants not to sue
for natural resource damages known or reasonably ascertainable as of
the date of lodging of the Consent Decree.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States and Commonwealth of Virginia,
Secretary of Natural and Historic Resources v. FMC Corporation, D.J.
Ref. No. 90-11-3-10912. 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#19696c7b7a7674747c776d347c7c6a377c776b7d596c6a7d7673377e766f"><span class="__cf_email__" data-cfemail="9fefeafdfcf0f2f2faf1ebb2fafaecb1faf1edfbdfeaecfbf0f5b1f8f0e9">[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 proposed Consent Decree may
be examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decree/us-et-al-v-fmc-corporation">https://www.justice.gov/enrd/consent-decree/us-et-al-v-fmc-corporation</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.
Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-30882 Filed 12-27-24; 8:45 am]
BILLING CODE 4410-15-P
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