81 FR 68061 - Notice of Lodging of Proposed Consent Decree Under The Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 191 (October 3, 2016)

[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68061-68062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23738]


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DEPARTMENT OF JUSTICE


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

    On September 27, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Texas in the lawsuit entitled United States v. Kirby Inland 
Marine, L.P., Civil Action No. 3:16-cv-269.
    The Complaint in this Clean Water Act case was filed against Kirby 
Inland Marine concurrently with the lodging of the proposed Consent 
Decree. The Complaint alleges that Kirby is civilly liable for 
violation of Section 311 of the Clean Water Act (``CWA''), 33 U.S.C. 
1321. The Complaint seeks civil penalties and injunctive relief for the 
discharge of harmful quantities of marine fuel oil into navigable 
waters of the United States from one of Kirby's oil barges operating in 
the Houston Ship Channel.
    The Complaint alleges that the spill occurred on March 22, 2014, 
when a Kirby tow boat, the Miss Susan, was pushing two 300-foot oil 
barges in the ``Texas City Y'' area of the Houston Ship Channel in fog 
conditions. Despite detecting the nearby presence of a 585-foot bulk 
cargo ship, the Summer Wind, traveling up the Houston Ship Channel, 
Kirby's tow boat and barges tried to cross the Channel in front of the 
cargo ship. As a result, Kirby's lead oil barge was struck by the cargo 
ship and approximately 4,000 barrels of heavy marine fuel oil spilled 
out of the barge into the waterway. From there, oil flowed out of the 
channel and spread down the Texas coastline. A full assessment of the 
injuries caused by the spill to marine and terrestrial natural 
resources is ongoing and will be addressed separately.
    Under the proposed Consent Decree, Kirby will pay a civil penalty 
of $4,900,000.00 for the alleged violation. In addition to payment of 
the penalty, the Consent Decree requires Kirby to perform corrective 
measures across its entire fleet of vessels, including providing new 
and enhanced navigational equipment and training and implementing 
improved operational practices. Kirby also agrees to waive any limits 
on its liability under the Oil Pollution Act related to the oil spill 
incident at issue in this case.
    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 v. Kirby Inland Marine, L.P., D.J. 
Ref. No. 90-5-1-1-11096. 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:

[[Page 68062]]



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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 proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: https://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 $6.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-23738 Filed 9-30-16; 8:45 am]
 BILLING CODE 4410-15-P