80 FR 48336 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 155 (August 12, 2015)

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48336-48337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19800]


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DEPARTMENT OF JUSTICE


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

    On August 6, 2015, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Southern 
District of West Virginia in the lawsuit entitled United States, et al. 
v. Arch Coal, Inc., et al., Civil Action No. 2:15-cv-11838.
    The proposed Consent Decree will resolve Clean Water Act and 
associated state claims alleged in this action by the United States, 
the State of West Virginia, the Commonwealth of Virginia, and the 
Pennsylvania Department of Environmental Protection against Arch Coal, 
Inc. and 14 of its

[[Page 48337]]

subsidiaries \1\ for the discharge of pollutants into state waters and 
waters of the United States in violation of limits in National 
Pollutant Discharge Elimination System (``NPDES'') permits. Under the 
proposed Consent Decree, Defendants will perform injunctive relief 
including: (1) Implementation of a compliance management system and 
periodic internal and third-party environmental compliance auditing; 
(2) data tracking and evaluation measures, including a centralized 
audit and violations database to track information relevant to 
compliance efforts at each outfall; and (3) response measures for 
effluent limit violations, including consultation with a third-party 
expert and automatic stipulated penalties. In addition, Defendants will 
pay a total civil penalty of $2 million.
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    \1\ Hawthorne Coal Co., Inc.; ICG Beckley, LLC; ICG East 
Kentucky, LLC; ICG Eastern, LLC; ICG Knott County, LLC; ICG Tygart 
Valley, LLC; Juliana Mining Company, Inc.; King Knob Coal Co., Inc.; 
Patriot Mining Company, Inc.; Powell Mountain Energy, LLC; The 
Sycamore Group, LLC; Vindex Energy Corp.; White Wolf Energy, Inc.; 
and Wolf Run Mining Co.
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    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States, et al. v. Arch Coal, Inc., et al., 
D.J. Ref. No. 90-5-1-1-09476/3. 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 e-mail.................................  [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 proposed 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 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 $18.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $15.00.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-19800 Filed 8-11-15; 8:45 am]
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