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Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'')

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[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]
[Page 65403]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no08-72]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA'')

    Pursuant to Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2),
notice is hereby given that on October 22, 2008, a proposed Consent
Decree in United States of America v. Domtar Paper Company LLC, Civil
Action No. 4:08-cv-179, was lodged with the United States District
Court for the Eastern District of North Carolina.
    In this action the United States sought to require the Defendant
Domtar Paper Company LLC to conduct remedial design and remedial action
to address releases and threatened releases of hazardous substances at
the Domtar Paper Company LLC (formerly Weyerhaeuser Company) Plymouth
Wood Treating Plant Superfund Site (``Site'') near the town of Plymouth
in Martin County, North Carolina. The United States also sought to
recover certain past and future costs incurred by the Environmental
Protection Agency (``EPA'') during the performance of response actions
at the Site.
    Under the Consent Decree, the Defendant will perform the remedial
design and remedial action at Operable Unit #4, which consists
of the sediments and surface waters in Welch Creek and its associated
wetlands, pursuant to the September 26, 2007 Record of Decision (ROD).
The remedy provides for the placement of a thin layer of clean sand
capping the upstream reach of the creek; long-term monitoring and
maintenance of the cap; monitoring sediment mobility in the less-
contaminated midstream reach of the creek; long-term testing and
monitoring of sediments, surface water, and biota to document the
performance of the remedy; and institutional controls to ensure public
health and maintain the integrity of the remedy. The Defendant will
also reimburse the Hazardous Substance Superfund for EPA's response costs
incurred after March 5, 2007 at or in connection with Operable Unit 4.
    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, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States of America v. Domtar Paper Company LLC, Civil Action No.
4:08-cv-179 (E.D.N.C.), DOJ Ref. 90-11-3-07838/2.
    The Consent Decree may be examined at the Office of the United
States Attorney, Eastern District of North Carolina, 310 New Bern
Avenue, Suite 800, Raleigh, North Carolina 27601, and at EPA Region 4,
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
During the public comment period, the Consent Decree may also be
examined on the following Department of Justice Web site:
www.usdoj.gov/enrd/open.htm. A copy of the Consent 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 (tonia.fleetwood@usdoj.gov), fax
no. (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please refer to
United States of America v. Domtar Paper Company LLC, Civil Action No.
4:08-cv-179 (E.D.N.C.), DOJ Ref. 90-11-3-07838/2, and enclose a check
in the amount of $65.75 (25 cents per page reproduction cost) payable
to the U.S. Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
& Natural Resources Division.
[FR Doc. E8-26070 Filed 10-31-08; 8:45 am]
BILLING CODE 4410-15-P

 
 

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