Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

Notice is hereby given that on May 28, 1997, a proposed consent

decree in United States v. City of Tacoma, Case No. C97-5336RJB (W.D.

Wash), was lodged with the United States District Court for the Western

District of Washington. The Consent Decree resolves claims brought by

the trustees for natural resources in Commencement Bay (located

adjacent to Tacoma, Washington) against the City of Tacoma and its

Department of Public Utilities pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

amended (``CERCLA''), 42 U.S.C. 9601, et seq. The trustees for natural

resources in Commencement Bay are the National Oceanic and Atmospheric

Administration (NOAA), the Department of the Interior (DOI), the State

of Washington, the Puyallup Tribe of Indians, and the Muckleshoot

Indian Tribe (collectively ``the Trustees''). Pursuant to a memorandum

of understanding, the Trustees are jointly conducting a Natural

Resource Damage Assessment (NRDA).

Defendants' liability stems from their ownership and operation of a

municipal storm water drainage system and other properties that are or

have been the source of releases of a series of hazardous substances

into the waters of Commencement Bay. The proposed Consent Decree

requires the defendant to acquire or perpetually lease five parcels of

land located on the Commencement Bay shoreline and spend a total of

approximately $3.3 million constructing and maintaining five habitat

restoration projects on these properties. The Consent Decree also

requires that the City make the following payments and in-kind

contributions: (1) $227,000 to the Trustees as reimbursement of past

damage assessment costs; (2) $500,000 to the Trustees as reimbursement

of anticipated costs in Trustee oversight of the City's construction

and maintenance of the restoration projects; (3) $500,000 to the

Puyallup and Muckleshoot tribes to support tribal government programs

for the planning and implementation of habitat restoration and other

activities related to conservation and protection of natural resources

in the Commencement Bay Environment; (4) $250,000 in the form of in-

kind services to the NRDA and (5) $75,000 operating a pollution-

reporting hotline and ancillary support services for five years.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044, and refer to United States v. City of Tacoma, DOJ number

90-11-2-1049A.

Copies of the proposed consent decree may be examined at the Office

of the United States Attorney, 3600 Seafirst Fifth Avenue Plaza, 500

Fifth Avenue, Seattle, WA 98104; and the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy

of the proposed consent decree may be obtained by mail or in person

from the Consent Decree Library. When requesting a copy of the consent

decree, please enclose a check in the amount of $16.00 for consent

decree only or $85.75 for consent with attachments (25 cents per page

reproduction costs) payable to the ``Consent Decree Library''. When

requesting a copy please refer to United States v. City of Tacoma, DOJ

Case number 90-11-2-1049A.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-14929 Filed 6-6-97; 8:45 am]

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