81 FR 69856 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 195 (October 7, 2016)

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Page 69856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24306]


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DEPARTMENT OF JUSTICE


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

    On September 30, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Virginia in the lawsuit entitled United States, et al. v. 
Southern Coal Corporation, et al., Civil Action No. 7:16-cv-00462-GEC.
    The United States' Complaint (which was joined by Alabama, 
Kentucky, Tennessee, and Virginia) alleges, inter alia, that Southern 
Coal Corporation and twenty-six other related companies violated the 
Clean Water Act by failing to comply with effluent limitations in their 
permits, failing to report results for all the required sampling data, 
failing to submit complete data in quarterly discharge monitoring 
reports, and failing to submit quarterly discharge monitoring reports.
    The principal elements of the injunctive relief in the decree 
include an Environmental Management System; audits of mining 
operations, outfalls and treatment systems; a violation response 
procedure; a new compliance tracking database; training for its 
employees and contractors; and the establishment and maintenance of a 
publicly available Web site or portal that provides permit and 
violation information to the general public. Defendants must also 
establish a $4.5 million letter of credit and a standby trust that will 
guarantee funding for, and a mechanism to accomplish, compliance with 
the Clean Water Act and the work required by the settlement, should the 
companies fail to do so. Finally, Defendants must pay a civil penalty 
of $900,000.
    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, et al. v. Southern Coal Corporation, et 
al., D.J. Ref. No. 90-5-1-1-10974. 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: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $27.50 for the Consent 
Decree and Appendices A-E, and a check for $183.75 for Appendix F (735-
page table of violations), if this appendix is desired, (25 cents per 
page reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-24306 Filed 10-6-16; 8:45 am]
 BILLING CODE 4410-15-P