[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25494-25495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11782]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On May 24, 2018, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Hawaii in the lawsuit entitled United States of America v. Capt.
Millions III, LLC et al., Civil Action No. 1:18-cv-196.
The Complaint in this Clean Water Act case was filed against the
defendants concurrently with the lodging of the Consent Decree. The
Complaint alleges that the defendants, Capt. Millions III, LLC, Brian
Nguyen, and Kha Van, are civilly liable for violations of Section 311
of the Clean Water Act (``CWA''), 33 U.S.C. 1321. Mr. Nguyen is the
managing member of the company and Mr. Van is the longtime operator of
the vessel. The Complaint alleges that the company and individuals are
liable for violations related to the commercial longline fishing vessel
Capt. Millions III's operations based out of Honolulu, Hawaii. The
Complaint addresses discharges of oily bilge waste from the vessel
while fishing for tuna off Hawaii. The Complaint also includes a Clean
Water Act claim for violations of the Coast Guard's pollution control
regulations, including failure to provide sufficient capacity to retain
all oily bilge water onboard the vessel. The United States seeks civil
penalties and injunctive relief to deter future violations by the
defendants and others in the industry.
Under the proposed Consent Decree, the defendants will perform
corrective measures to remedy the violations and prevent future
violations, including: (1) Repairing the vessel to reduce the quantity
of oily waste generated during a fishing voyage; (2) providing
crewmembers with training on the proper handling of oily wastes; (3)
documenting proper oily waste management and disposal after returning
to port; and (4) submitting compliance reports to the Coast Guard and
the Department of Justice.
The consent decree also requires the company, company manager, and
vessel operator to each pay a civil penalty. The penalty amounts were
set considering each defendant's limited ability to pay a higher
penalty, as demonstrated through documentation submitted to the United
States and analyzed by a financial expert. Capt. Millions III, LLC must
pay a civil penalty of $10,000; the company manager, Brian Nguyen, must
pay a civil penalty of $5,000; and the vessel operator, Kha Van, must
pay a civil penalty of $7,000. Under the terms of the Clean Water Act,
the penalties paid for these discharges will be deposited in the
federal Oil Spill Liability Trust Fund managed by the National
Pollution Funds Center.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources
[[Page 25495]]
Division, and should refer to United States of America v. Capt.
Millions III, LLC et al., D.J. Ref. No. 90-5-1-1-11816. All comments
must be submitted no later than thirty (30) days after the publication
date of this notice. Comments may be submitted by either email or by
mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Acting 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 website: 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.
Please enclose a check or money order for $13.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-11782 Filed 5-31-18; 8:45 am]
BILLING CODE 4410-15-P