[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Page 17140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3270]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree: Civil Penalties and Natural
Resource Damages Under the Oil Pollution Act of 1990
Notice is hereby given that on March 22, 2006, a proposed Consent
Decree (``Decree'') in United States and The Confederated Tribes of the
Warm Springs Reservation of Oregon v. American Energy, Inc, Civil
Action No. 04-CV-164-AA, was lodged with the United States District
Court for the District of Oregon.
In this action brought pursuant to Section 311(b)(7) of the Clean
Water Act, 33 U.S.C. 1321(b)(7), and Warm Springs Tribal Code Chapter
433, the United States and the Confederated Tribes of the Warm Springs
Reservation of Oregon (``Warm Springs Tribes'') sought penalties from
American Energy, Inc. (``AEI'') for causing the discharge of gasoline
into the shorelines and waters of Beaver Creek on the Warm Springs
Indian Reservation, Wasco County, Oregon. The United States and the
Warm Springs Tribes also are seeking damages for injury to, destruction
of, or loss of natural resources, including the reasonable cost of
assessing the damages, caused by the discharge under Section
1002(b)(2)(A) of the Oil Pollution Act of 1990, 33 U.S.C.
2702(b)(2)(A). The claims of penalties and natural resource damages
arise out of a gasoline spill that occurred on the morning of March 4,
1999, on the Warm Springs Indian Reservation. A tanker truck and
trailer owned and/or operated by AEI overturned discharging
approximately 5,400 gallons (128.57 barrels) of gasoline that flowed
onto the adjoining shorelines and into the waters of Beaver Creek and
Beaver Butte Creek. The Federal and tribal natural resource trustees
prepared an informal assessment of damage to natural resources and loss
of use of natural resources occasioned by the spill for use in
settlement discussions with AEI. The proposed Decree provides that AEI
shall pay to the United States $80,000 in settlement of the United
States' claim for civil penalties, and pay to the Warm Springs Tribes
$80,000 in settlement of the Warm Springs Tribes' claim for civil
penalties. To address natural resource damages, the proposed Decree
provides that AEI shall pay $315,222.50 to the natural resource
trustees for their development and implementation of the plan to
restore natural resources damaged by the spill and to recover natural
resource services lost as a result of the spill, which shall be
deposited into the registry of the Court. The proposed Decree requires
that the defendants reimburse $94,242.98 to the National Oceanic and
Atmospheric Administration (``NOAA'') of the United States Department
of Commerce, and reimburse $15,533.52 to the United States Department
of the Interior for damage assessment costs. In exchange for these
payments, the United States and the Warm Springs Tribes covenant not to
sue the defendants for civil penalties and natural resource damages
arising from the spill.
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, Environmental and Natural Resources Division, P.O.
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to United States and The Confederated Tribes of the Warm
Springs Reservation of Oregon v. American Energy, Inc, DOJ Ref. 90-5-1-
1-06871.
The proposed consent decree may be examined at the office of the
United States Attorney, 1000 SW Third Avenue, Suite 600, Portland, OR
97204-2902 at U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.
During the comment period, the consent decree may be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. Copies of the consent decree also may 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, please
enclose a check in the amount of $5.50 for United States and The
Confederated Tribes of the Warm Springs Reservation of Oregon v.
American Energy, Inc, (25 cents per page reproduction cost) payable to
the U.S. Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section,
Environmental and Natural Resources Division.
[FR Doc. 06-3270 Filed 4-4-06; 8:45 am]
BILLING CODE 4410-15-M