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Notice of Lodging of Consent Decree Under the Oil Pollution Act of 1990

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[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]
[Page 65403-65404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no08-73]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Oil Pollution Act of 1990

    Notice is hereby given that on October 28, 2008, a proposed consent
decree in United States of America and the State of Kansas v. Magellan
Ammonia Pipeline et al. Civil Action No. 08-cv-2532, was lodged with
the United States District Court for the District of Kansas.
    The Complaint, filed by the Plaintiffs who are Trustees for natural
resources, alleges that the Defendants are liable under Section 107 of
the Comprehensive Environmental Response, Compensation, and Liability

[[Page 65404]]

Act (``CERCLA''), 42 U.S.C. 9607(a), and Section 311 of the Clean Water
Act (``CWA''), 33 U.S.C. 1321, for damages for injury to, destruction
of, or loss of natural resources in or near Kingman, Kansas, resulting
from the release of anhydrous ammonia from a pipeline owned and
operated by Defendants on or about October 27, 2004.
    In the Consent Decree, the Defendants have agreed to pay a total of
$452,535 to the Trustees as Natural Resource Damages including past
Natural Resource Damage Assessment costs. The Consent Decree also
requires the Defendants to purchase a specified 160 acre parcel of
property with natural resources equivalent to those injured, lost and
destroyed by the ammonia release and transfer it to the Wichita State
University Foundation, a non profit that will use the property for
biological research and preserve it in perpetuity.
    For thirty (30) days after the date of this publication, the
Department of Justice will receive 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
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611. In either case, the
comments should refer to United States of America, The State of Kansas
v. Magellan Ammonia Pipeline, et al., Civil Action No. 08-cv-2532 Ref.
No. 90-5-1-1-06074/3.
    During the comment period, the Consent Decree may 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
examined at the Office of the United States Attorney, Western District
of Washington, 700 Stewart Street Suite 5220, Seattle, WA 98101-1271
(206) 553-7970. 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 (tonia.fleetwood@usdoj.gov), 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 $13 (25
cents per page reproduction cost) payable to the United States Treasury
or, if by e-mail or fax, forward a check in that amount to the Consent
Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources.
[FR Doc. E8-26077 Filed 10-31-08; 8:45 am]
BILLING CODE 4410-15-P

 
 

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