DOJ proposes Mosaic consent decree

Washington — The U.S. Department of Justice announced that a proposed consent decree was filed in the case United States v. Mosaic Fertilizer LLC (Civil Action No. 8:13-cv-386-T-26TGW) on Feb. 11 before the U.S. District Court for the Middle District of Florida. The decree resolves claims for natural resource damages under the Clean Water Act, CERCLA, and Florida law in connection with the release of hazardous acidic process water from the gypsum stack at the defendant’s phosphoric acid/fertilizer production facility in Riverview, Fla. The decree requires the defendant to perform certain wetland restoration projects, to execute conservation easements for the protection of approximately 104 acres of habitat near the release area, and to pay past and future assessment costs of the trustees and the Hillsborough County Environmental Protection Commission. Past costs currently being sought are just over $140,000. Comments are due March 18, 2013. They should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Mosaic Fertilizer, LLC, D.J. Ref. No. 90-5-1-1-08961. Comments may be submitted by email to pubcomment-ees.enrd@usdoj.gov, or by mail to Assistant Attorney General, U.S. DOJ – ENRD, P.O. Box 7611, Washington, DC 20044-7611.