Environmental Enforcement: Domtar Paper to Pay $3.2 Million Superfund Costs

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Domtar Paper Co. has entered into a proposed consent decree (pdf) with the U.S. Environmental Protection Agency to clean up the Plymouth Wood Treating Plant Superfund site near Plymouth, North Carolina.

Domtar has agreed to reimburse the Hazardous Substance Superfund for the $3.2 million in response costs that the EPA accumulated before March 27, 2009, and also pay costs the EPA has incurred since then.

The proposed consent decree calls for Domtar to formulate a remediation plan and take remedial action at Operable Unit #2, on the lower Roanoke River, in line with a September 2008 EPA Record of Decision.

Remedial action will include long-term monitored natural recovery of the lower Roanoke River with fine-layer core sampling, sediment sampling for mercury, analysis for dioxin in surface water, annual inspection of fish advisory signs, and annual review of habitat reports.

The U.S. Department of Justice lodged the proposed consent decree concurrently with EPA's complaint (pdf) against Domtar Paper Co. on January 3, in the United States District Court for the Eastern District of North Carolina.

In addition to reimbursement and remedial action, EPA's complaint asks for injunctive relief to prevent future releases of hazardous chemicals at the facility.

The Department of Justice will receive public comments on the proposed consent decree for 30 days, before the decree is considered and entered by the U.S. District Court.

The case referenced by this article is: United States of America v. Domtar Paper Company LLC, Civil Action No. 4:11–cv–00002 4:11–cv–00002 (E.D.N.C.).

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