[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Page 2101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-579]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on December 31, 2008, a proposed 
consent decree (the ``Decree'') in United States and State of Oregon v. 
Pacific Northern Environmental Corp., dba Dedicated Fuels, Inc., Civil 
Action No. 3:08-cv-01513-HU, was lodged with the United States District 
Court for the District of Oregon.
    In this action the United States and State of Oregon sought civil 
penalties for Pacific Northern Environmental Corp.'s (``PNE'') 
violation of the Clean Water Act's spill prohibition. PNE owns and 
operates a heating oil business located in North Bend, Oregon, as well 
as several gas stations in the area. On July 8, 2006, a tanker truck 
owned and operated by Dedicated carrying several hundred barrels of 
diesel fuel overturned while traveling on Highway 38, near Milepost 17, 
just east of Scottsburg, Oregon. Approximately 197 barrels of diesel 
fuel spilled. Diesel fuel that did not ignite in the ensuing fire 
migrated to the Umpqua River. PNE's discharge to the Umpqua River 
violated the Clean Water Act and Oregon law. Under the consent decree, 
PNE will pay the United States and the State of Oregon civil penalties 
of $74,272 and $20,000, respectively. Additionally, PNE agrees to 
perform a supplemental environmental project (``SEP''), the cost of 
which shall be not less than $47,640.
    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 e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and State of Oregon v. Pacific Environmental Corp., dba 
Dedicated Fuels, Inc., Civil Action No. 3:08-cv-01513-HU, D.J. Ref. 90-
5-1-1-09175.
    The consent decree may be examined at the Office of the United 
States Attorney, Mark O. Hatfield U.S. Courthouse, 1000 SW. Third 
Avenue, Suite 600, Portland, OR, 97204, and at U.S. EPA Region 10, 1200 
Sixth Avenue, Seattle, WA, 98101. During the public comment period, the 
consent 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 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 $5.75 
(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.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. E9-579 Filed 1-13-09; 8:45 am]
BILLING CODE 4410-15-P