[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Page 41514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17350]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On July 8, 2015 the Department of Justice lodged a proposed Consent
Decree with the United States District Court for the District of
Wyoming in the lawsuit entitled United States v. Cottonwood Creek,
Inc., Civil Action No. 2:15-cv-00108-SWS.
In this matter the United States file a Complaint which alleges
violations of sections 301(a) and 311(b)(3) of the Clean Water Act
(``CWA''), 33 U.S.C. 1311(a) and 1321(b)(3), arising in part from a
March 2010 discharge of approximately 162 barrels of oil into an
unnamed tributary of the Nowood River from a leak in a pipeline at
Cottonwood Creek, Inc.'s onshore pumping facility located in Big Horn
County, Wyoming. The Complaint further alleges that Cottonwood Creek
had an inadequate Spill Prevention Control and Countermeasure Plan in
violation of CWA section 311(b)(7)(C), 33 U.S.C. 1321(b)(7)(C), and 40
CFR part 112, and also lacked a Facility Response Plan in violation of
CWA sections 311(j)(5)(A)(i) and (C)(iv), 33 U.S.C. 1321(j)(5)(A)(i)
and (C)(iv), and 40 CFR part 112. The proposed Consent Decree resolves
all matters alleged in the Complaint for a civil penalty payment of
$170,000. Cottonwood Creek Inc. no longer owns the facility. Because
the cause of the discharge was promptly corrected and the discharge was
adequately remediated, and since the Environmental Protection Agency
approved a FRP for the facility, no injunctive relief is required under
the proposed settlement.
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. Cottonwood Creek, Inc., D.J. Ref. No.
90-5-1-1-11197. 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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. 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 $4.75 (25 cents per page
reproduction cost) payable to the United States Treasury. There are no
exhibits attached to the Consent Decree.
Bob Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2015-17350 Filed 7-14-15; 8:45 am]
BILLING CODE 4410-15-P