Text / Consent Decree

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Item Information.

Title
Consent Decree
Creator
Ann C. Hurley
Date Created and/or Issued
2006
Contributing Institution
UC Riverside, Library, Water Resources Collections and Archives
Collection
Clearinghouse for Dam Removal Information (CDRI)
Rights Information
Copyrighted
Transmission or reproduction of materials protected by copyright beyond that allowed by fair use requires the written permission of the copyright owners. Works not in the public domain cannot be commercially exploited without permission of the copyright owner. Responsibility for any use rests exclusively with the user.
Description
Scope/Content: Abstract: Plaintiffs, the United States of America ("United States"), on behalf of the Secretary of the Department of the Interior, acting through the United States Fish and Wildlife Service ("DOI/USFWS") and the Department of Defense, acting through the Army Corps of Engineers ("COE") (collectively, the "Federal Trustees"); the Office of the Governor of the State of South Carolina, the Director of the South Carolina Department of Natural Resources ("SCDNR") and the Commissioner of the South Carolina Department of Health and Environmental Control ("SCDHEC") (collectively, the "South Carolina Trustees"); and the Commissioner of the Georgia Department of Natural Resources (the "Georgia Trustee") are simultaneously filing a complaint (the "Complaint") alleging that Defendant Schlumberger Technology Corporation is liable for civil claims for Natural Resource Damages arising from alleged releases of polychlorinated biphenyls ("PCBs") at and from the site known as the Sangamo Weston/ Twelvemile Creek/Lake Hartwell PCB Contamination Superfund Site (the "Site"). The Federal Trustees, the South Carolina Trustees and the Georgia Trustee are joint trustees for the Natural Resources affected by the PCB contamination. Hereinafter, the State of South Carolina and the State of Georgia will be sometimes collectively referred to as the "States", the South Carolina Trustees and the Georgia Trustee will be sometimes collectively referred to as the "State Trustees", and the Federal and State Trustees will be sometimes collectively referred to as the "Trustees." B. The Defendant and the Trustees agreed to cooperate in assessing the Natural Resource Damages arising from alleged releases of PCBs from the Site, and the Trustees have undertaken a restoration planning process to determine the restoration projects that will most effectively restore or compensate for loss of use and injury to Natural Resources. C. The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., and its implementing regulations require that the Trustees seek input from the public before implementing a restoration plan to address injured Natural Resources. The Trustees made the February 2005 Public Release Draft of the Restoration, Compensation, and Determination Plan for the Site available for public comment. D. The United States, the South Carolina Trustees, the Georgia Trustee and the Defendant have consented to the entry of this Consent Decree without trial of any issues. The United States, the South Carolina Trustees, the Georgia Trustee and the Defendant assert, and the Court by entering this Consent Decree finds, that the Consent Decree has been negotiated in good faith and that the Consent Decree is fair, reasonable, and in the public interest.
Type
text
Identifier
ark:/86086/n2hd7v8b
1194
Subject
Legal and policy
Dams
Dam retirement
Place
Twelvemile Creek, SC
Woodside Dams

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