SUBMISSION OF PROPOSED PLAN PURSUANT TO PERMANENT INJUNCTION

ROBERT C. JONES, District Judge.

Plaintiff, the Nevada Division of Environmental Protection, Bureau of Corrective Actions ("NDEP"), by and through its counsel, Catherine Cortez Masto, Attorney General for the State of Nevada, Wayne Klomp, Deputy Attorney General, hereby submit the attached Proposed Plan to the Court pursuant to the Permanent Injunction Governing the Clean Up of Hazardous Substances at and Emanating from Maryland Square Shopping Center (Dkt. #592).

I. The Proposed Plan and the National Contingency Plan

The Permanent Injunction anticipates that a Proposed Plan will be prepared by the Defendants and submitted to NDEP and the Court after approval of the CAR. However, as represented by NDEP counsel at the July 7, 2014 status hearing, NDEP prepared the Proposed Plan pursuant to its custom and practice and in compliance with the National Contingency Plan ("NCP"), 40 CFR part 300.

According to the NCP, the lead agency is to prepare Proposed Plan "that briefly describes the remedial alternatives analyzed by the lead agency, proposes a preferred remedial action alternative, and summarizes the information relied upon to select the preferred alternative." 40 CFR § 300.430(f)(2). Although the preferred remedial alternative is identified in the Proposed Plan, no final remedy is selected until after a public comment period and public meeting. According to the NCP, NDEP is required to release the Proposed Plan to the public for a comment period of not less than 30 days and hold a public meeting. Id. at § 300.430(f)(3). NDEP then prepares a summary of the comments, criticisms, and new information submitted during the public comment period and a response to each issue. Id. at § 300.430(f)(3)(i)(F). The Proposed Plan is neither a final agency decision nor selection of a final remedy. Any significant changes in the preferred remedy are addressed in the Record of Decision ("ROD") or a revised proposed plan followed by a ROD. Id. at § 300.430(f)(3)(ii).

NDEP has prepared the Proposed Plan in a manner not inconsistent with and in accordance with the criteria set forth in the NCP. Pursuant to the Permanent Injunction, NDEP submits the Proposed Plan, attached hereto as Exhibit 1, to the Court. Upon approval by the Court of the Corrective Action Report ("CAR") (submitted in Dkt. #1046), NDEP will release the Proposed Plan to the public and initiate the public comment period and public meeting procedures contemplated by the NCP and Code of Federal Regulations. See 40 CFR § 300.430(f)(3). At the conclusion of the public comment period, NDEP will prepare the required summary of and response to public comments or revise the proposed plan as provided by the NCP.

The only changes anticipated to the Proposed Plan prior to release to the public are the dates highlighted on pages 2, 3, and 19. Currently, the Plan indicates the public comment period will run from August 1, 2014 to October 1, 2014. Those dates may change depending upon the actual date the Proposed Plan is released to the public.

IT IS SO ORDERED.