[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Notices]
[Page 6920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2788]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Notice is hereby given that on February 5, 2009, a proposed consent
decree in United States v. Patriot Coal Corp. et al., Civil Action No.
2:09-cv-0099, was lodged with the United States District Court for the
Southern District of West Virginia.
The proposed Consent Decree will resolve claims alleged in this
action by the United States and the State of West Virginia against
Patriot Coal Corporation et al. for the discharge of pollutants into
waters of the United States in violation of Section 301 of the Act, 33
U.S.C. 1311, and in violation of the conditions and limitations of
National Pollutant Discharge Elimination System (``NPDES'') permits
issued by the State pursuant to Section 402 of the Act, 33 U.S.C. 1342,
and W. Va. Code 22-11-8. Under the proposed Consent Decree, Defendants
will perform injunctive relief including: Hiring a third-party
consultant to develop and implement a company-wide compliance-focused
environmental management system, creating a database to track
information relevant to compliance efforts, conducting regular internal
and third-party environmental compliance audits, implementing a system
of tiered response actions for any potential future violations,
conducting annual training for all employees and contractors with
environmental responsibilities and/or responsibilities under the
consent decree, and implementing stream restoration projects. In
addition, Patriot will pay a civil penalty of $6.5 million.
The Department of Justice will accept comments relating to the
proposed consent decree for a period of thirty (30) days from the date
of publication of this notice. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and mailed either electronically to [email protected] or in
hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC
20044-7611. Comments should refer to United States v. Patriot Coal
Corp. et al., Civil No. 2:09-cv-0099 (S.D.W.Va.) and D.J. Reference No.
90-5-1-1-09476.
The proposed consent decree may be examined at: (1) the Office of
the United States Attorney for the Southern District of West Virginia,
300 Virginia Street, East, Charleston, WV 25301; and (2) United States
Environmental Protection Agency (Region 3), 1650 Arch Street,
Philadelphia, PA 19103. During the comment period, the proposed consent
decree may also be examined on the following Department of Justice Web
site: http://www.usdoj.gov/enrd/Consent_Decree.html.
A copy of the proposed consent decree may also be obtained by mail
from the Department of Justice Consent Decree Library, P.O. Box 7611,
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 refer to the referenced case and D.J.
Reference No. 90-5-1-1-09476, and enclose a check in the amount of
$32.5 for the consent decree (130 pages at 25 cents per page
reproduction costs), made payable to the U.S. Treasury.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9-2788 Filed 2-10-09; 8:45 am]
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