Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 61369 [2022-21996]
Agencies
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Page 61369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21996]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On October 3, 2022, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Northern
District of Ohio in the lawsuit entitled United States v. Dover
Chemical Corporation, Civil Action No. 5:17-cv-02335. The proposed
decree resolves state and federal allegations under section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of natural resource damages, or NRD, associated with the Dover Chemical
Corporation Superfund Site, or Site, and the surrounding NRD assessment
area. The proposed decree is related to a 2017 complaint and a
resulting 2018 consent decree that implemented the final Superfund
remedial work at the Site, and expressly reserved the right of the
United States to pursue compensation for NRD. Simultaneous with the
lodging of the proposed consent decree, the trustees have published a
Draft Restoration Plan/Environmental Assessment that informs the public
about the proposed NRD restoration and protection projects included in
the negotiated settlement.
The United States Fish and Wildlife Service and the Ohio
Environmental Protection Agency, or Ohio EPA, are joint trustees for
the biological and surface water resources impacted by contamination at
the Site, while Ohio EPA is the trustee for the ground water resource.
The trustees began an NRD assessment in 2009 that identified injuries
to the surface water, biological resources, and ground water resources
in the assessment area caused by hazardous substances.
Under the proposed decree, Dover Chemical Corporation agrees to
implement projects that will restore and protect 28.5 acres of wetlands
in Stark County and protect 195 acres of riparian habitat in
Tuscarawas, Jefferson, Columbiana, and/or Belmont counties. Dover
Chemical Corporation will also pay $880,000 to Ohio to fund projects
near the Site to protect, restore, or enhance state ground water
resources. Finally, Dover Chemical Corporation will pay for costs
incurred by Ohio and the United States to assess injuries to natural
resources associated with the Site.
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 v. Dover Chemical Corporation, D.J.
Ref. No. 90-11-3-11517/1. 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............................ [email protected].
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 consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the consent decree 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 $27.75 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits and signature pages, the cost is $11.25.
The Fish and Wildlife Service and the Ohio EPA are seeking
concurrent public comment on the Draft Restoration Plan/Environmental
Assessment, or Draft RP/EA. The Draft RP/EA informs the public about
the proposed NRD restoration and protection projects included in the
negotiated settlement. The trustees invite the public to view and
comment on the Draft RP/EA from October 3 to November 2, 2022 at
https://fws.gov/project/dover-chemical-corp-nrdar-sugar-creek-ohio.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-21996 Filed 10-7-22; 8:45 am]
BILLING CODE 4410-CW-P
