Notice of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 36575 [2012-14840]

Download as PDF Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Notices Dated: June 13, 2012. Jerri Murray, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. 2012–14842 Filed 6–18–12; 8:45 am] BILLING CODE 4410–04–P amount of $9.00 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if requesting by email or fax, forward a check in that amount to the Consent Decree Library at the address given above. DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Robert E. Maher, Jr., Acting Deputy Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–14815 Filed 6–18–12; 8:45 am] srobinson on DSK4SPTVN1PROD with NOTICES BILLING CODE 4410–15–P Notice is hereby given that on May 29, 2012, a proposed Consent Decree in United States v. Enterprise Products Operating and Mid-America Pipeline Company, Civ. A. No. 12–190, was lodged with the United States Court for the District of Nebraska. The Complaint filed in this action asserts claims against the Defendants pursuant to Sections 301, 309 and 311 of the Clean Water Act, 33 U.S.C. 1311, 1319, 1321, stemming from three discharges of natural gasoline from a pipeline owned and operated by Defendants that occurred in 2007, 2010 and 2011 in Yutan, Nebraska, Niles, Kansas, and Onawa, Iowa respectively. The Consent Decree requires the Defendants to undertake specified measures to improve their reporting of spills from the pipeline and prevent pipeline ruptures caused by third parties. Defendants will also pay a civil penalty of $1,042,000 for the discharges. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the 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. Enterprise Products Operating and Mid-America Pipeline Company, 90–5–1–1–06074/1. During the public comment period, the 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 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 emailing a request to ‘‘Consent Decree Copy’’ (EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–5271. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the VerDate Mar<15>2010 16:39 Jun 18, 2012 Jkt 226001 DEPARTMENT OF JUSTICE Notice of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on June 12, 2012, the United States, on behalf of the U.S. Department of Agriculture, Forest Service, filed a Complaint and on June 13, 2012, lodged a proposed Consent Decree in United States v. The Stearns Co., Ltd., and Stearns Enterprises, Inc., Case No. 12-cv-191– JMH (E.D. Ky.), relating to the Lower Rock Creek Mines Site in McCreary County, Kentucky (the ‘‘Site’’). The Complaint seeks reimbursement from defendants, The Stearns Co., Ltd., and Stearns Enterprises, Inc., of environmental response costs incurred by the Forest Service at the Site and the entry of a declaratory judgment with respect to the Forest Service’s future response costs under Sections 107(a) and 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607(a) and 9613(g). The proposed Consent Decree resolves the claims in the Complaint. Under the proposed Consent Decree, the defendants agree to the entry of a judgment in favor of the United States in the amount of $31.8 million; the judgment can be satisfied, however, solely through the transfer of Defendants’ real property interests (comprised primarily of mineral rights in the Site property) to the United States (reuniting the Forest Service’s fee interest in the Site property with the mineral rights) and recoveries, if any, under Defendants’ insurance policies. In addition, defendants agree to withdraw their application, pending with the U.S. Department of Interior’s Office of Surface Mining and Enforcement, for a ‘‘compatibility determination’’ under the Surface Mining Control and Reclamation Act of 1977 with respect to defendants’ mineral rights at the Site, thus avoiding the potential litigation PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 36575 were DOI to act adversely on defendants’ application. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the 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. The Stearns Co., Ltd., and Stearns Enterprises, Inc., Case No. 12cv-191–JMH (E.D. Ky.), D.J. Ref. 90–11– 3–10012. During the public comment period, the Consent Decree may be examined at the Daniel Boone National Forest Supervisor’s Office, 1700 Bypass Road, Winchester, KY 40391. This office is open 8:00 a.m. to 4:30 p.m. Monday through Friday, except Federal Holidays; telephone number (859) 745– 3100. The Consent Decree may also 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 emailing a request to ‘‘Consent Decree Copy’’ (EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–5271. 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 email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–14840 Filed 6–18–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB No. 1121–0240] Agency Information Collection Activities: Proposed Collection; Comments Requested 30-Day Notice of Information Collection Under Review: Survey of General Purpose Law Enforcement Agencies, 2012. ACTION: E:\FR\FM\19JNN1.SGM 19JNN1

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[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Notices]
[Page 36575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14840]


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DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on June 12, 2012, the United States, on 
behalf of the U.S. Department of Agriculture, Forest Service, filed a 
Complaint and on June 13, 2012, lodged a proposed Consent Decree in 
United States v. The Stearns Co., Ltd., and Stearns Enterprises, Inc., 
Case No. 12-cv-191-JMH (E.D. Ky.), relating to the Lower Rock Creek 
Mines Site in McCreary County, Kentucky (the ``Site''). The Complaint 
seeks reimbursement from defendants, The Stearns Co., Ltd., and Stearns 
Enterprises, Inc., of environmental response costs incurred by the 
Forest Service at the Site and the entry of a declaratory judgment with 
respect to the Forest Service's future response costs under Sections 
107(a) and 113(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9607(a) and 9613(g).
    The proposed Consent Decree resolves the claims in the Complaint. 
Under the proposed Consent Decree, the defendants agree to the entry of 
a judgment in favor of the United States in the amount of $31.8 
million; the judgment can be satisfied, however, solely through the 
transfer of Defendants' real property interests (comprised primarily of 
mineral rights in the Site property) to the United States (reuniting 
the Forest Service's fee interest in the Site property with the mineral 
rights) and recoveries, if any, under Defendants' insurance policies. 
In addition, defendants agree to withdraw their application, pending 
with the U.S. Department of Interior's Office of Surface Mining and 
Enforcement, for a ``compatibility determination'' under the Surface 
Mining Control and Reclamation Act of 1977 with respect to defendants' 
mineral rights at the Site, thus avoiding the potential litigation were 
DOI to act adversely on defendants' application.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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. The Stearns Co., Ltd., and Stearns Enterprises, Inc., 
Case No. 12-cv-191-JMH (E.D. Ky.), D.J. Ref. 90-11-3-10012.
    During the public comment period, the Consent Decree may be 
examined at the Daniel Boone National Forest Supervisor's Office, 1700 
Bypass Road, Winchester, KY 40391. This office is open 8:00 a.m. to 
4:30 p.m. Monday through Friday, except Federal Holidays; telephone 
number (859) 745-3100. The Consent Decree may also 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 
emailing a request to ``Consent Decree Copy'' 
(EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. 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 email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-14840 Filed 6-18-12; 8:45 am]
BILLING CODE 4410-15-P
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