Notice of Lodging of Consent Decree Under the Clean Water Act, 5871-5872 [08-411]

Download as PDF Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices amount to the Consent Decree Library at the stated address. In requesting a copy exclusive of exhibits and defendants’ signatures, please enclose a check in the amount of $16.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–409 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE rwilkins on PROD1PC63 with NOTICES Notice of Lodging of Consent Decree Notice is hereby given that a proposed Consent Decree with Mallinckrodt, Inc., in United States v. Mallinckrodt, Inc.; Shell Oil Company and Solutia, Inc., Civil Action No. 4:02–1488, was lodged on January 16, 2008 with the United States District Court for the Eastern District of Missouri. The United States of America (‘‘United States’’), on behalf of the Administrator of the EPA, filed a compliant against Mallinckrodt, Inc. (‘‘Mallinckrodt’’) in this matter pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607, seeking recovery of costs incurred and to be incurred in responding to the release or threat of release of hazardous substances at or in connection with the Great Lakes container Corporation Superfund Site at 42 Ferry Street in St. Louis, Missouri (‘‘Site’’). The Consent Decree resolves the United States’ claims by requiring the defendant, Mallinckrodt, to reimburse the United States for its costs in cleaning up the Site. The Consent Decree will result in the payment of $3,950,000.00 to the Superfund. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Mallinckrodt, Inc.; Shell Oil Company and Solutia, Inc., DOJ Ref. #90–11–3–07280. The proposed consent decree may be examined at the office of the United States Attorney, United States Attorney’s Office, Eastern District of Missouri, Thomas F. Eagleton VerDate Aug<31>2005 18:07 Jan 30, 2008 Jkt 214001 Courthouse, 111 South 10th Street, 20th Floor, St. Louis, MO 63102 and at the Region VII Office of the Environmental Protection Agency, 901 North 5th Street, Kansas City, KS 66101. During the public comment period, the proposed consent decree may also be examined on the Department of Justice Web site, at https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed consent decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax number (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $5.25 (or $4.50, for a copy that omits the exhibits and signature pages) (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–412 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on January 17, 2008, a proposed Consent Decree (‘‘Massey Consent Decree’’) in United States v. Massey Energy Company, et al., Civil Action No. 2:07–0299 was lodged with the United States District Court for the Southern District of West Virginia. In this action the United States sought a civil penalty and injunctive relief against Massey Energy Company, et al. for illegal discharges of pollutants into waters of the United States from its coal mines in West Virginia and Kentucky and for violating the terms of their National Pollutant Discharge Elimination System Permits (‘‘NPDES’’). The Massey Consent Decree resolves the United States’ claims against Massey Energy Company, A.T. Massey Coal Company, Massey Coal Services, Inc., and 25 of their subsidiaries (collectively ‘‘Defendants’’) for violations of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1311 and 1342. The settlement requires Defendants to pay a $20 million civil penalty and perform injunctive relief at all facilities for five years. This PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 5871 injunctive relief includes the implementation of a Discharge Monitoring Report tracking system, a protocol for responding to any future violations, internal and external audits of all treatment systems and facilities, the appointment of environmental managers responsible for environmental compliance, training on environmental compliance, independent third-party auditors to report annually to EPA on Defendants’ compliance with the terms of the Consent Decree, and stipulated penalties for NPDES permit limit violations in the next five years. The settlement also requires Defendants to perform 20 remediation projects on the Little Coal River and execute conservation easements for 200 acres of stream buffer zone as additional injunctive relief. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Massey Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Massey Energy Company, et. al., D.J. Ref. 90–5–1–1–08470. The Massey Consent Decree may be examined at the Office of the United States Attorney, 300 Virginia Street, East, Charleston, WV 25301, at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103, and at U.S. EPA Region 4, 61 Forsyth Street, SW, Atlanta, GA 30303. During the public comment period, the Massey Consent Decree, may also be examined on the following Department of Justice Web site, to https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Massey Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $12.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that E:\FR\FM\31JAN1.SGM 31JAN1 5872 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices amount to the Consent Decree Library at the stated address. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–411 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE rwilkins on PROD1PC63 with NOTICES Notice of Lodging of Consent Decree Notice is hereby given that a proposed Consent Decree with Shell Oil Company in United States v. Mallinckrodt, Inc.; Shell Oil Company and Solutia, Inc., Civil Action No. 4:02–1488, was lodged on January 16, 2008 with the United States District Court for the Eastern District on Missouri. The United States of America (‘‘United States’’), on behalf of the Administrator of the EPA, filed a complaint against Shell Oil Company (‘‘Shell’’) in this matter pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607, seeking recovery of costs incurred and to be incurred in responding to the release or threat of release of hazardous substances at or in connection with the Great Lakes Container Corporation Superfund Site at 42 Ferry Street in St. Louis, Missouri (‘‘Site’’). The Consent Decree resolves the United States’ claims by requiring the defendant, Shell, to reimburse the United States for its costs in cleaning up the Site. The Consent Decree will result in the payment of $215,000.00 to the Superfund. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Mallinckrodt, Inc.; Shell Oil Company and Solutia, Inc., DOJ Ref. # 90–11–3–07280. The proposed consent decree may be examined at the office of the United States Attorney, United States Attorney’s Office, Eastern District of Missouri, Thomas F. Eagleton Courthouse, 111 South 10th Street, 20th Floor, St. Louis, MO 63102, and at the Region VII Office of the Environmental Protection Agency, 901 North 5th Street, Kansas City, KS 66101. During the VerDate Aug<31>2005 18:07 Jan 30, 2008 Jkt 214001 public comment period, the proposed consent decree may also be examined on the Department of Justice Web site, at https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed consent decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax number (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $4.75 (or $3.75, for a copy that omits the exhibits and signature pages) (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–413 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Between the United States of America and Tamarack Resort LLC Under the Clean Water Act Under 28 CFR 50.7, notice is hereby given that on January 24, 2008, a proposed Consent Decree (‘‘Consent Decree’’) in the case of United States v. Tamarack Resort LLC, Civil Action No. 08–40–MHW, was lodged with the United States District Court for the District of Idaho. The Consent Decree resolves the United States’ claims alleged in the complaint against the defendant, Tamarack Resort LLC (Tamarack). The claims concern storm water discharged from a ski resort construction site in Donelly, Idaho. Specifically, the complaint alleges that Tamarack violated section 301 of the Clean Water Act, 33 U.S.C. 1311, by discharging pollutants without a permit, and that Tamarack failed to comply with conditions of general permits issued under section 402 of the Clean Water Act, 33 U.S.C. 1342. The Consent Decree will require Tamarack to pay a civil penalty in the amount of $185,000; to observe limits on winter construction efforts to avoid causing excess runoff; and to abide by the terms of the Construction General Permit. For thirty (30) days after the date of this publication, the Department of PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Justice will receive comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. In either case, the comments should refer to United States v. Tamarack Resort LLC, Civil Action No. 08–40–MHW, D.J. Ref. No. 90–5–1– 1–08976. The Consent Decree may be examined at the office of the United States Attorney, District of Idaho, Washington Park Plaza IV, 800 Park Blvd., Suite 600, Boise, Idaho, and at the Region 10 office of the United States Environmental Protection Agency, 1200 Sixth Ave., Seattle, Washington. During the comment period, the Consent Decree may be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.25 (25 cents per page reproduction cost) payable to the United States Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–1581 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121–NEW] Agency Information Collection Activities: Proposed Information Collection; Comment Requested 30-day notice of information collection under review: New collection; Survey of Law Enforcement’s Forensic Backlogs. ACTION: The Department of Justice (DOJ) Office of Justice Programs (OJP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5871-5872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-411]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on January 17, 2008, a proposed Consent 
Decree (``Massey Consent Decree'') in United States v. Massey Energy 
Company, et al., Civil Action No. 2:07-0299 was lodged with the United 
States District Court for the Southern District of West Virginia.
    In this action the United States sought a civil penalty and 
injunctive relief against Massey Energy Company, et al. for illegal 
discharges of pollutants into waters of the United States from its coal 
mines in West Virginia and Kentucky and for violating the terms of 
their National Pollutant Discharge Elimination System Permits 
(``NPDES''). The Massey Consent Decree resolves the United States' 
claims against Massey Energy Company, A.T. Massey Coal Company, Massey 
Coal Services, Inc., and 25 of their subsidiaries (collectively 
``Defendants'') for violations of Sections 301 and 402 of the Clean 
Water Act, 33 U.S.C. 1311 and 1342. The settlement requires Defendants 
to pay a $20 million civil penalty and perform injunctive relief at all 
facilities for five years. This injunctive relief includes the 
implementation of a Discharge Monitoring Report tracking system, a 
protocol for responding to any future violations, internal and external 
audits of all treatment systems and facilities, the appointment of 
environmental managers responsible for environmental compliance, 
training on environmental compliance, independent third-party auditors 
to report annually to EPA on Defendants' compliance with the terms of 
the Consent Decree, and stipulated penalties for NPDES permit limit 
violations in the next five years. The settlement also requires 
Defendants to perform 20 remediation projects on the Little Coal River 
and execute conservation easements for 200 acres of stream buffer zone 
as additional injunctive relief.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Massey 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either emailed 
to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Massey Energy Company, et. al., D.J. Ref. 90-5-1-1-
08470.
    The Massey Consent Decree may be examined at the Office of the 
United States Attorney, 300 Virginia Street, East, Charleston, WV 
25301, at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103, 
and at U.S. EPA Region 4, 61 Forsyth Street, SW, Atlanta, GA 30303. 
During the public comment period, the Massey Consent Decree, may also 
be examined on the following Department of Justice Web site, to https://
www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Massey Consent 
Decree may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $12.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that

[[Page 5872]]

amount to the Consent Decree Library at the stated address.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 08-411 Filed 1-30-08; 8:45 am]
BILLING CODE 4410-15-M
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