[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Page 11222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03517]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act and the Comprehensive Environmental Response, Compensation,
and Liability Act
On February 11, 2013, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Middle
District of Florida in the lawsuit entitled United States, State of
Florida Department of Environmental Protection, and Herschel T.
Vinyard, Jr. v. Mosaic Fertilizer, LLC, Civil Action No. 8:13-cv-386-T-
26TGW.
The consent decree would resolve claims under the Clean Water Act
and the Comprehensive Environmental Response, Compensation, and
Liability Act, as well as Florida law, addressing natural resource
damage resulting from a spill at a facility owned and operated by
Mosaic Fertilizer, LLC (``Mosaic''). Mosaic owns and operates a
phosphoric acid/fertilizer production facility in Riverview, Florida.
Mosaic released hazardous acidic process water at and from the gypsum
stack at its Riverview facility in 2004 over a two-day period. The
release entered several swales on Mosaic's property, flowing into South
Archie Creek Canal, and eventually to Hillsborough Bay and Tampa Bay.
Federal and state natural resource trustees seek damages to compensate
for and restore injured natural resources.
The consent decree would resolve the natural resource damages
claims through restoration and reimbursement of assessment costs. The
consent decree would require Mosaic to perform restoration projects
enhancing current wetlands by removing invasive plant species, re-
establishing historic tidal flows, and creating an oyster habitat, in
addition to executing conservation easements for the protection of
approximately 103.76 acres of habitat adjacent to Mosaic's release
area. In addition to performing restoration projects, Mosaic would pay
past and future assessment costs of the trustees and the Hillsborough
County Environmental Protection Commission in connection with Mosaic's
release.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States v. Mosaic Fertilizer, LLC, D.J. Ref. No.
90-5-1-1-08961. All comments must be submitted no later than thirty
(30) days after the publication date of this notice. Comments may be
submitted either by email or by mail:
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To submit comments: Send them to:
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By email.................................. [email protected].
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $41.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-03517 Filed 2-14-13; 8:45 am]
BILLING CODE 4410-15-P