[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Notices]
[Pages 48555-48556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree under the Clean Water Act
Under 28 CFR 50.7, notice is hereby given that on August 15, 2006,
a proposed Consent Decree (``Decree'') in United States and
Commonwealth of Kentucky, Environmental and Public Protection Cabinet
v. Mid-Valley Pipeline Company, Sunoco Pipeline L.P., and Sun Pipe Line
Company, Civil Action No. 06-57-KKC, was lodged with the United States
District Court for the Eastern District of Kentucky.
In this action, the United States alleged Clean Water Act (``CWA'')
violations arising from two spills of crude oil from the Mid-Valley
Pipeline (MVPL). In the Complaint, the United
[[Page 48556]]
States asserts CWA claims for penalties and injunctive relief, and the
Kentucky Cabinet asserts claims for penalties and costs under Kentucky
Revised Statutes Chapter 224 and related Kentucky Administrative
Regulations, against MVPL owner Mid-Valley Pipeline Company (``Mid-
Valley'') and MVPL operator Sunoco Pipeline L.P. (``SPLP''), for the
spill of 6,251 barrels of crude oil on January 26, 2005, in Owen
County, Kentucky, into the Kentucky and Ohio Rivers. In addition, the
United States asserts a CWA claim against Mid-Valley and then-operator
Sun Pipe Line Company (``Sun'') for the spill of 1,500 barrels of crude
oil on November 24, 2000, in Claiborne Parish, Louisiana, into Campit
Lake. With respect to the Kentucky spill, the Decree provides for Mid-
Valley and SPLP to pay a $2.57 million civil penalty ($1.4 million to
the Unite States, and $1.17 million to the Cabinet), pay for a state
environmental project at a cost of $230,000, perform injunctive relief
related to enhancement of spill response preparation, and reimburse the
Kentucky Cabinet for certain billed response costs. With respect to the
November 2000 Louisiana discharge of 1,500 barrels, Mid-Valley and
operator Sun are to pay a federal civil penalty of $300,000.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the 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 and Commonwealth of Kentucky, Environmental and Public
Protection Cabinet v. Mid-Valley Pipeline Company. Sunoco Pipeline
L.P., and Sun Pipe Line Company, D.J. Ref. 90-5-1-1-07957.
The Decree may be examined at the Office of the United States
Attorney, Eastern District of Kentucky, 110 West Vine Street, Suite
400, Lexington, KY 40507-1671; at U.S. EPA Region 4, 61 Forsyth Street,
SW., Atlanta, GA 30303-8960; and at U.S. EPA Region 6, 1445 Ross
Avenue, Suite 1200, Dallas, TX 75202-2733. During the public comment
period, the Decree may also be examined on the following Department of
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A
copy of the 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 $8.25 (25 cents per
page reproduction cost) payable to the U.S. Treasury.
Henry S. Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-7028 Filed 8-18-06; 8:45 am]
BILLING CODE 4410-15-M