80 FR 41514 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 135 (July 15, 2015)

[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Page 41514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17350]


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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:

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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 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