03-16074. 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 June 6, 2003, a proposed Consent Decree in United States v. Weyerhaeuser Company, 4:03-CV-90-(H)(3) (E.D.N.C.), 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 Weyerhaeuser Company to conduct remedial design and remedial action to address releases and threatened releases of hazardous substances at the 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 Decree, the Defendant will perform the remedial design and remedial action at Operable Unit #1, a former landfill at the Site, pursuant to the June 19, 2002, Record of Decision (ROD). The Defendant will also pay $14,507 to the Hazardous Substances Superfund in reimbursement of EPA's previously unreimbursed response costs at or in connection with the Site incurred before March 24, 1998. In addition, Defendant will pay EPA's future costs associated with Operable Unit #1.

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, Environmental and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to United States v. Weyerhaeuser Company, (E.D.N.C.), DOJ Ref. 90-11-3-07838.

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. 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. In requesting a copy, please refer to United States v. Weyerhaeuser Company (E.D.N.C.), DOJ Ref. 90-11-3-07838, and enclose a check in the amount of $70.50 (25 cents per page reproduction cost) payable to the Consent Decree Library.

Ellen M. Mahan,

Assistant Section Chief, Environmental Enforcement Section, Environment & Natural Resources Division.