.. Amazing the things found whilst looking for other things..
A. This Consent Decree is made and entered into by and between the United States
of America ("United States"), on behalf of the Secretary of the United States Department of the
Interior acting through the National Park Service ("NPS") and the U.S. Fish and Wildlife Service
("USFWS"), and the Washington Golf and Country Club (the "Settling Defendant").
B. The United States has filed a complaint in this action concurrent with the lodging
of this Consent Decree alleging that Settling Defendant is liable for natural resource damages
under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.
§ 9607(a)(4)(C) ("CERCLA"), and the Federal Water Pollution Control Act, 33 U.S.C. § 1321 (f)
("CWA"), and for damages resulting from the destruction, loss, or injury to park system
resources under the Park System Resources Protection Act, 16 U.S.C. § 19jj-1 (a) ("PSRPA").
C. The Complaint against Settling Defendant seeks restoration and compensation for
alleged injuries and losses to natural resources and to park system resources, and to visitors in the use of the park system arising from the alleged release of the soil fumigant Dazomet, and
hazardous substances resulting from Dazomet’s breakdown, including methyl isothiocyanate
("MITC"), from the grounds of Settling Defendant’s golf course located on North Glebe Road in
Arlington, Virginia, on or about August 23-24, 200 t (the "Release"). During this alleged
Release, precipitation runoff containing these hazardous substances entered two tributaries to the
Potomac River, known as Donaldson Run and Gulf Branch, that run through lands managed by
the National Park Service as part of the George Washington Memorial Parkway downstream of
Settling Defendant’s golf course. The United States alleges that the Release resulted in
significant injury to the aquatic ecosystems of Donaldson Run and Gulf Branch, including
substantial mortality of fish and American eels and virtual elimination of smaller aquatic
organisms immediately downstream of the release. Due to public safety concerns related to the
Release, the NPS closed certain park areas frequented by visitors that are located near the
affected tributaries. The NPS closed to the public two scenic overlooks on the George
Washington Memorial Parkway for part of a weekend, and a section of the Potomac Heritage
Trail for more than one week.
will implement the Restoration Projects described in Appendix A to this Consent Decree, which
Projects have been determined by the Trustees to provide for the restoration or the replacement
of equivalent natural resources and park system resources and their services that were allegedly
injured, destroyed, or lost as a result of the Release. Settling Defendant is also providing
monetary compensation as part of the amount identified in Section VI, Paragraph 13, for the
alleged loss of use of park resources by visitors.
F. The Parties understand and agree that Settling Defendant will begin
implementation of the Restoration Projects prior to final approval of the Consent Decree in order
to most effectively accomplish the goals of the restoration.
G. Settling Defendant does not admit any liability to the United States arising out of
the transactions or occurrences alleged in the Complaint, nor does Settling Defendant admit any
of the factual allegations in the Complaint or this Consent Decree.
H. The Parties recognize, and the Court by entering this Consent Decree finds, that
this Consent Decree has been negotiated in good faith and implementation of this Consent
Decree will expedite the restoration of natural resources and will avoid prolonged and
complicated litigation between the Parties, and that this Consent Decree is fair, reasonable, and
in the public interest.
THEREFORE, it is ORDERED, ADJUDGED AND DECREED as follows:
$100k bond, restoration, & $145K in payments
Any other lawsuits consent decrees out there against golf properties-management?