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, Issue 135 (July 15, 2015)
| Page Range | 41514-41514 | |
| FR Document | 2015-17350 |
[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] ======================================================================= ----------------------------------------------------------------------- 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: ------------------------------------------------------------------------ To submit comments: Send them to: ------------------------------------------------------------------------ By email............................ [email protected]. By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611. ------------------------------------------------------------------------ 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
![41514 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices
such findings, and may result in the publication date of this notice. of Workers’ Compensation (OWCP) is
issuance of an exclusion order or a cease Comments may be submitted either by soliciting comments concerning the
and desist order or both directed against email or by mail: proposed collection: Waiver of Service
the respondent. by Registered or Certified Mail for
To submit Employers and/or Insurance Carriers
By order of the Commission. Send them to:
comments: (LS–801) and Waiver of Service by
Issued: July 10, 2015.
By email ....... pubcomment-ees.enrd@ Registered or Certified Mail for
Lisa R. Barton,
usdoj.gov. Claimants and Authorized
Secretary to the Commission. Representatives (LS–802). A copy of the
By mail ......... Assistant Attorney General,
[FR Doc. 2015–17371 Filed 7–14–15; 8:45 am] U.S. DOJ—ENRD, P.O. proposed information collection request
BILLING CODE 7020–02–P Box 7611, Washington, DC can be obtained by contacting the office
20044–7611. listed below in the address section of
this Notice.
DEPARTMENT OF JUSTICE During the public comment period, DATES: Written comments must be
the Consent Decree may be examined submitted to the office listed in the
Notice of Lodging of Proposed and downloaded at this Justice addresses section below on or before
Consent Decree Under the Clean Water Department Web site: http:// September 14, 2015.
Act www.justice.gov/enrd/consent-decrees.
ADDRESSES: Ms. Yoon Ferguson, U.S.
We will provide a paper copy of the
On July 8, 2015 the Department of Department of Labor, 200 Constitution
Consent Decree upon written request
Justice lodged a proposed Consent Ave. NW., Room S–3323, Washington,
and payment of reproduction costs.
Decree with the United States District DC 20210, telephone/fax (202) 354–
Please mail your request and payment
Court for the District of Wyoming in the 9647, Email ferguson.yoon@dol.gov.
to: Consent Decree Library, U.S. DOJ—
lawsuit entitled United States v. Please use only one method of
ENRD, P.O. Box 7611, Washington, DC
Cottonwood Creek, Inc., Civil Action transmission for comments (mail or
20044–7611.
No. 2:15-cv-00108–SWS. Please enclose a check or money order Email).
In this matter the United States file a for $4.75 (25 cents per page SUPPLEMENTARY INFORMATION:
Complaint which alleges violations of reproduction cost) payable to the United
sections 301(a) and 311(b)(3) of the I. Background
States Treasury. There are no exhibits
Clean Water Act (‘‘CWA’’), 33 U.S.C. attached to the Consent Decree. The Office of Workers’ Compensation
1311(a) and 1321(b)(3), arising in part Programs (OWCP) administers the
from a March 2010 discharge of Bob Brook, Longshore and Harbor Workers’
approximately 162 barrels of oil into an Assistant Section Chief, Environmental Compensation Act (LHWCA). The Act
unnamed tributary of the Nowood River Enforcement Section, Environment and provides benefits to workers’ injured in
from a leak in a pipeline at Cottonwood Natural Resources Division. maritime employment on the navigable
Creek, Inc.’s onshore pumping facility [FR Doc. 2015–17350 Filed 7–14–15; 8:45 am] waters of the United States or in an
located in Big Horn County, Wyoming. BILLING CODE 4410–15–P adjoining area customarily used by an
The Complaint further alleges that employer in loading, unloading,
Cottonwood Creek had an inadequate repairing, or building a vessel. In
Spill Prevention Control and DEPARTMENT OF LABOR addition, several acts extend the
Countermeasure Plan in violation of Longshore Act’s coverage to certain
CWA section 311(b)(7)(C), 33 U.S.C. Office of Workers’ Compensation other employees.
1321(b)(7)(C), and 40 CFR part 112, and Programs The Longshore and Harbor Workers’
also lacked a Facility Response Plan in Compensation Act (LHWCA), at 33
violation of CWA sections 311(j)(5)(A)(i) Division of Longshore and Harbor
U.S.C. 919(e), requires that any order
and (C)(iv), 33 U.S.C. 1321(j)(5)(A)(i) Workers’ Compensation Proposed
rejecting or making an LHWCA award
and (C)(iv), and 40 CFR part 112. The Extension of Existing Collection;
(the compensation order) be filed in the
proposed Consent Decree resolves all Comment Request
appropriate district director’s office of
matters alleged in the Complaint for a ACTION: Notice. the Office of Workers’ Compensation
civil penalty payment of $170,000. Programs (OWCP), and that copies be
Cottonwood Creek Inc. no longer owns SUMMARY: The Department of Labor, as sent by registered or certified mail to the
the facility. Because the cause of the part of its continuing effort to reduce claimant and the employer. The
discharge was promptly corrected and paperwork and respondent burden, implementing regulations at 20 CFR
the discharge was adequately conducts a preclearance consultation 702.349(b) allow parties and their
remediated, and since the program to provide the general public representatives to waive certified mail
Environmental Protection Agency and Federal agencies with an service and consent to electronic service
approved a FRP for the facility, no opportunity to comment on proposed instead. The compensation order
injunctive relief is required under the and/or continuing collections of notifies Employers/Carriers that
proposed settlement. information in accordance with the payment of LHWCA compensation is
The publication of this notice opens Paperwork Reduction Act of 1995 due within 10 days of filing. If
a period for public comment on the (PRA95) [44 U.S.C. 3506(c)(2)(A)] This compensation is not paid within that
mstockstill on DSK4VPTVN1PROD with NOTICES
Consent Decree. Comments should be program helps to ensure that requested time frame, an additional 20% in
addressed to the Assistant Attorney data can be provided in the desired compensation must be paid [see
General, Environment and Natural format, reporting burden (time and LHWCA § 914(f)].
Resources Division, and should refer to financial resources) is minimized, The information collected will be
United States v. Cottonwood Creek, Inc., collection instruments are clearly used by OWCP to more efficiently serve
D.J. Ref. No. 90–5–1–1–11197. All understood, and the impact of collection compensation orders by email instead of
comments must be submitted no later requirements on respondents can be by registered or certified mail. Form LS–
than thirty (30) days after the properly assessed. Currently, the Office 801 will be completed by the employer/
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Document Created: 2015-12-15 13:32:15
Document Modified: 2015-12-15 13:32:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 41514 |
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