[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Page 48462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17492]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act and the Oil Pollution Act
On July 20, 2016, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Michigan in the lawsuit entitled United States v. Enbridge
Energy, Limited Partnership, et al., Civil Action No. 1:16-cv-914.
The Complaint in this action asserts claims against Enbridge
Energy, Limited Partnership and eight related Enbridge entities
(``Enbridge'') arising from two separate oil transmission pipeline
failures that resulted in discharges of oil to waters of the United
States and adjoining shorelines. One of these pipeline failures
occurred on July 25, 2010, near Marshall, Michigan on a pipeline known
as Line 6B, and resulted in discharges of oil to Talmadge Creek, a
large stretch the Kalamazoo River, and their adjoining shorelines. The
other pipeline failure occurred on or about September 9, 2010, in
Romeoville, Illinois on a pipeline known as Line 6A, and resulted in
discharges of oil primarily to an unnamed tributary to the Des Plaines
River, a retention pond, and their adjoining shorelines. The Complaint
seeks injunctive relief and civil penalties under Sections 309 and 311
of the Clean Water Act, as amended, 33 U.S.C. 1319 and 1321, for both
the Marshall, Michigan and the Romeoville, Illinois oil spills. In
addition, under Section 1002 of the Oil Pollution Act, as amended, 33
U.S.C. 2702, the Complaint seeks to recover from Enbridge all
unreimbursed removal costs incurred and to be incurred by the United
States in connection with the Marshall, Michigan oil spill.
Under the proposed Consent Decree, Enbridge will pay a civil
penalty of $61 million for the Marshall, Michigan oil spill, and an
additional $1 million for the Romeoville, Illinois oil spill. In
addition, Enbridge will pay over $5.4 million in unreimbursed federal
removal costs that the Oil Spill Liability Trust Fund (``Fund'') paid
in connection with the Marshall, Michigan oil spill through October 1,
2015, and Enbridge will pay all additional removal costs consistent
with the National Contingency Plan that are paid by the Fund after
October 1, 2015, in connection with the Marshall, Michigan oil spill.
Prior to the Consent Decree, the United States billed Enbridge for
additional federal removal costs incurred in connection with both the
Marshall, Michigan oil spill and the Romeoville, Illinois oil spill,
and Enbridge paid all such amounts billed. Finally, the proposed
Consent Decree includes an extensive program of injunctive relief,
including a series of measures designed to (1) reduce the potential for
future pipeline failures that could result in unlawful discharges from
Enbridge's Lakehead System pipelines, (2) improve leak detection
capabilities and Enbridge's response to situations that could indicate
potential pipeline failures, and (3) improve Enbridge's emergency
response and preparedness capabilities to better address any future
spills that might occur.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Enbridge Energy, Limited
Partnership, et al., D.J. Ref. No. 90-5-1-1-10099. 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 proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed 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.
You may request a paper copy of the Consent Decree with or without
Appendices. If requesting a copy of the proposed Consent Decree with
Appendices, please enclose a check or money order for $52.25 (25 cents
per page reproduction cost) payable to the United States Treasury. If
requesting a copy of the proposed Consent Decree without Appendices,
please enclose a check or money order for $42.25 payable to the United
States Treasury.
Randall M. Stone,
Acting Assistant Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-17492 Filed 7-22-16; 8:45 am]
BILLING CODE 4410-15-P