[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Page 58631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8483]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act and
the Oil Pollution Act
Notice is hereby given that on September 22, 2006, a proposed
consent decree in United States v. Nacelle Land & Management
Corporation, et al., Civ. No. 1:04-cv-201 was lodged with the United
States District Court for the Northern District of Ohio.
In this action, the United States seeks, pursuant to the Oil
Pollution Act, recoupment of the costs incurred by the U.S.
Environmental Protection Agency (``U.S. EPA'') in conducting oil
response actions at Nacelle Land & Management Corporation's oil and
brine separation facility located at 675 Lakeshore Blvd., Painesville
Township, Lake County, Ohio (``Nacelle Facility''). The complaint also
seeks civil penalties for alleged violations of the Clean Water Act and
its pertinent regulations at the Nacelle Facility. Specifically, in its
Complaint, the United States, on behalf of the Oil Spill Liability
Trust Fund (``OSLTF''), and its administrator, the U.S. Coast Guard,
seeks, pursuant to the Oil Pollution Act (OPA), 33 U.S.C. 2701, et
seq., to recover all unreimbursed oil removal costs, including interest
under OPA Section 1005, 33 U.S.C. 2705, prejudgment interest,
administrative and adjudicative costs, and attorney's fees, totaling at
least $2,274,337.59, incurred by the United States, and/or expended by
the OSLTF, in responding to the discharge and/or substantial threat of
discharge of oil at and from Nacelle's the Nacelle Facility. The
Complaint also seeks, on behalf of U.S. EPA, civil penalties pursuant
to CWA Section 311, 33 U.S.C. 1321(b)(7), from Defendants Nacelle and
Lake Underground for discharges of oil and brine into navigable waters
of the United States at or adjacent to the Nacelle Facility, and for
the failure of Nacelle and Lake Underground to prepare and implement an
oil spill prevention control and countermeasures program at the Nacelle
Facility.
Under the proposed Consent Decree, the United States would recover
a total of $300,000 (determined by a Department of Justice financial
analyst to be the amount that the corporations can pay) as well as a
portion of the proceeds of any sale or lease of certain properties
owned by the companies. Of the $300,000 to be recovered, $200,000 would
be paid to the OSLTF in satisfaction of the United States' claim for
reimbursement of removal costs, and $100,000 would be paid to the OSLTF
in full settlement of the United States' claim for civil penalties
under CWA Section 311, 33 U.S.C. 1321. A percentage of the proceeds
from the sale or lease of properties owned by the corporations also
would be paid into the OSLTF.
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, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States v. Nacelle Land & Management Corp., et al. D. J.
Ref. 90-5-1-1-4365.
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the Northern District of Ohio, 801 West
Superior Avenue Suite 400, Cleveland, OH 44113 (contact Asst. U.S.
Attorney Steven Paffilas (216-622-3698)), and at U.S. EPA Region 5, 7th
Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois 60604
(contact Assoc. Regional Counsel Deirdre Tanaka (312-886-6730)). During
the public comment period, the proposed consent decree may also be
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.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
([email protected]), 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 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.
William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-8483 Filed 10-03-06; 8:45 am]
BILLING CODE 4410-15-M