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Notice of Lodging of Amended Consent Decree Under the Clean Water Act

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[Federal Register: August 13, 2003 (Volume 68, Number 156)]
[Notices]
[Page 48412]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au03-120]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Amended Consent Decree Under the Clean Water Act

    In accordance with 29 CFR 50.7, notice is hereby given that on July 
25, 2003, a proposed Amended Consent Decree in United States v. 
Southern Ohio Coal Company, (``SOCCO''), Case No. C2-96-0097 (GCS), was 
lodged with the United States District Court for the Southern District 
of Ohio, Eastern Division.
    In this action the United States asserted claims against the owners 
and operators of a coal mine in Meigs County, Ohio, for injunctive 
relief, civil penalties, and recovery for damages to natural resources 
under the trusteeship of the United States. This action was brought 
pursuant to Sections 309(b) and 311(d) of the Federal Water Pollution 
Control Act, as amended by the Clean Water Act of 1977 and the Water 
Quality Act of 1987 (the ``CWA''), 33 U.S.C. 1319(b) and (d), and under 
Section 521(c) of the Surface Mining Control and Reclamation Act 
(``SMCRA''), 30 U.S.C. 1271(c).
    A Consent Decree entered in 1996 obtained from SOCCO significant 
injunctive relief, compensation for damage to natural resources, 
reimbursement of certain costs incurred by the United States in 
assessing damages to natural resources, and a civil penalty. The Ohio 
Environmental Protection Agency (``OEPA'') participated in settlement 
discussions and issued parallel orders designed to complement the 
agreements reflected in the 1996 Consent Decree. In response to matters 
beyond SOCCO's control and with the agreement of OEPA, the United 
States has agreed to amend the performance requirements of the 1996 
Consent Decree. Under this Amended Consent Decree SOCCO would: (1) Pay 
additional sums for natural resource restoration activities; (2) pay 
for two studies of direct interest to OEPA; and (3) grant a 
conservation easement to land owned by SOCCO adjacent to the streams.
    The Department of Justice will receive comments relating to the 
Gopher State Amended Consent Decree for a period of fifteen (15) days 
from the date of this publication. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
and should refer to: United States v. Southern Ohio Coal Company, D.J. 
Ref. 90-5-1-1-5033.
    The Amended Consent Decree may be examined at the Office of the 
United States Attorney, Southern District of Ohio, 303 Marconi Blvd., 
Suite 200, Columbus, OH 43215 and at U.S. EPA Region 5, 77 West Jackson 
Blvd., Chicago, IL 60604. During the public comment period the Amended 
Consent Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. Exit Disclaimer A copy 
of the Amended 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 $5.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-20671 Filed 8-12-03; 8:45 am]
BILLING CODE 4410-15-M

 
 

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