89 FR 175 pgs. 73447-73448 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
Type: NOTICEVolume: 89Number: 175Pages: 73447 - 73448
Pages: 73447, 73448FR document: [FR Doc. 2024-20336 Filed 9-9-24; 8:45 am]
Agency: Justice Department
Official PDF Version: PDF Version
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
On September 4, 2024, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Jersey in the lawsuit entitled United States, et al. v. NL Industries, Inc., et al., Civil Action No. 3:24-cv-8946 and NL Industries, Inc., et al. v. Old Bridge Township, et al., Civil Action No. 13-cv-3493 MAS (D. New Jersey).
[top] The proposed Consent Decree would resolve the affirmative claims of the United States in United States, et al. v. NL Industries, Inc., et al., Civil Action No. 3:24-cv-8946, on behalf of the United States Environmental Protection Agency ("EPA"), the United States Department of the Interior ("DOI"), and the National Oceanic and Atmospheric Administration ("NOAA"); and the
Under the Proposed Consent Decree $151.1 million will be paid to the United States and State Plaintiffs by Defendants, as well as settling federal and state agencies. From the $151.1 million, EPA will receive $132.3 million as reimbursement for past costs and to pay for the remaining cleanup work at the Site, and $18.7 million will go towards restoration of natural resource damages and assessment costs by Federal Trustees, NOAA and DOI, and State Trustee, NJDEP. In exchange, Defendants and settling federal and state agencies will receive contribution protection and covenants not to sue under Sections 106, 107(a) and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9606, 9607(a) and 9613 ("CERCLA"), the Spill Compensation and Control Act (the "Spill Act"), N.J.S.A. 58:10-23.11 through -23.24, the Water Pollution Control Act (the "WPCA"), N.J.S.A. 58:10A-1 through -20, and the Solid Waste Management Act, N.J.S.A. 13:1E-1 through -227, for the Site.
The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et al. v. NL Industries, Inc., et. al., Civil Action No. 3:24-cv-8946, D.J. Ref. No. 90-11-3-10954 and NL Industries, Inc. et al., v. Old Bridge Township, et al., Civil Action No. 13-cv-3493 MAS (D. New Jersey), D.J. Ref. No. 90-11-6-19872. All comments must be submitted no later than sixty (60) days after the publication date of this notice. Comments may be submitted either by email or by mail:
| To submit comments: | Send them to: |
|---|---|
| By email | pubcomment-ees.enrd@usdoj.gov. |
| By mail | Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611. |
NJDEP, in accordance with N.J.S.A 58:10-23.11e2 of the Spill Act will also publish notice of the proposed Consent Decree in the New Jersey Register and on NJDEP's website for a period of 60 days. Comments that are submitted to the Department will be shared with the State for consideration and will not need to be resubmitted.
During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. 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.
Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
[FR Doc. 2024-20336 Filed 9-9-24; 8:45 am]
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