81_FR_70051 81 FR 69856 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

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)

Page Range69856-69856
FR Document2016-24306

Federal Register, Volume 81 Issue 195 (Friday, 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:

------------------------------------------------------------------------
         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: 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



                                                  69856                             Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

                                                  Belmont Park Racetrack, comprising                         Virginia in the lawsuit entitled United                 Consent Decree Library, U.S. DOJ—
                                                  planting 62 trees, which will reduce                       States, et al. v. Southern Coal                         ENRD, P.O. Box 7611, Washington, DC
                                                  future impacts of stormwater to Jamaica                    Corporation, et al., Civil Action No.                   20044–7611.
                                                  Bay, the same waterbody affected by                        7:16–cv–00462–GEC.                                        Please enclose a check or money order
                                                  Defendant’s violations at Aqueduct                            The United States’ Complaint (which                  for $27.50 for the Consent Decree and
                                                  Racetrack. The Consent Decree resolves                     was joined by Alabama, Kentucky,                        Appendices A–E, and a check for
                                                  the civil claims of the United States for                  Tennessee, and Virginia) alleges, inter                 $183.75 for Appendix F (735-page table
                                                  the violations alleged in the complaint                    alia, that Southern Coal Corporation and                of violations), if this appendix is
                                                  through the date of lodging of the                         twenty-six other related companies                      desired, (25 cents per page reproduction
                                                  Consent Decree.                                            violated the Clean Water Act by failing                 cost) payable to the United States
                                                     The publication of this notice opens                    to comply with effluent limitations in                  Treasury.
                                                  a period for public comment on the                         their permits, failing to report results for
                                                  Consent Decree. Comments should be                         all the required sampling data, failing to              Henry S. Friedman,
                                                  addressed to the Assistant Attorney                        submit complete data in quarterly                       Assistant Section Chief, Environmental
                                                  General, Environment and Natural                           discharge monitoring reports, and                       Enforcement Section, Environment and
                                                                                                                                                                     Natural Resources Division.
                                                  Resources Division, and should refer to                    failing to submit quarterly discharge
                                                                                                             monitoring reports.                                     [FR Doc. 2016–24306 Filed 10–6–16; 8:45 am]
                                                  United States v. The New York Racing
                                                  Association, Inc. D.J. Ref. No. 90–5–1–                       The principal elements of the                        BILLING CODE 4410–15–P

                                                  1–11540. All comments must be                              injunctive relief in the decree include
                                                  submitted no later than thirty (30) days                   an Environmental Management System;
                                                  after the publication date of this notice.                 audits of mining operations, outfalls and               DEPARTMENT OF LABOR
                                                  Comments may be submitted either by                        treatment systems; a violation response
                                                  email or by mail:                                          procedure; a new compliance tracking                    Employment and Training
                                                                                                             database; training for its employees and                Administration
                                                    To submit                                                contractors; and the establishment and
                                                                                Send them to:                                                                        Native American Employment and
                                                    comments:                                                maintenance of a publicly available Web
                                                                                                             site or portal that provides permit and                 Training Council
                                                  By email .......     pubcomment-ees.enrd@                  violation information to the general
                                                                         usdoj.gov.                                                                                  AGENCY: Employment and Training
                                                  By mail .........    Assistant Attorney General,
                                                                                                             public. Defendants must also establish a                Administration, U.S. Department of
                                                                         U.S. DOJ—ENRD, P.O.                 $4.5 million letter of credit and a                     Labor.
                                                                         Box 7611, Washington, DC            standby trust that will guarantee                       ACTION: Notice of meeting.
                                                                         20044–7611.                         funding for, and a mechanism to
                                                                                                             accomplish, compliance with the Clean                   SUMMARY:   Pursuant to of the Federal
                                                    During the public comment period,                        Water Act and the work required by the                  Advisory Committee Act (FACA), as
                                                  the Consent Decree may be examined                         settlement, should the companies fail to                amended, and of the Workforce
                                                  and downloaded at this Justice                             do so. Finally, Defendants must pay a                   Innovation and Opportunity Act
                                                  Department Web site: https://                              civil penalty of $900,000.                              (WIOA), notice is hereby given of the
                                                  www.justice.gov/enrd/consent-decrees.                         The publication of this notice opens                 next meeting of the Native American
                                                  We will provide a paper copy of the                        a period for public comment on the                      Employment and Training Council
                                                  Consent Decree upon written request                        Consent Decree. Comments should be                      (Council), as constituted under WIOA.
                                                  and payment of reproduction costs.                         addressed to the Assistant Attorney
                                                                                                                                                                     DATES: The meeting will begin at 9:00
                                                  Please mail your request and payment                       General, Environment and Natural
                                                                                                                                                                     a.m., (Eastern Daylight Time) on
                                                  to: Consent Decree Library, U.S. DOJ—                      Resources Division, and should refer to
                                                                                                                                                                     Tuesday, October 25, 2016, and
                                                  ENRD, P.O. Box 7611, Washington, DC                        United States, et al. v. Southern Coal
                                                                                                                                                                     continue until 5:00 p.m. that day. The
                                                  20044–7611.                                                Corporation, et al., D.J. Ref. No. 90–5–
                                                                                                                                                                     meeting will reconvene at 9:00 a.m., on
                                                    Please enclose a check or money order                    1–1–10974. All comments must be
                                                                                                                                                                     Wednesday, October 26, 2016, and
                                                  for $21.25 (25 cents per page                              submitted no later than thirty (30) days
                                                                                                                                                                     adjourn at 5:00 p.m. that day. The
                                                  reproduction cost) payable to the United                   after the publication date of this notice.
                                                                                                                                                                     period from 3:00 p.m. to 5:00 p.m. on
                                                  States Treasury. For a paper copy                          Comments may be submitted either by
                                                                                                                                                                     October 25, 2016, will be reserved for
                                                  without the exhibits and signature                         email or by mail:
                                                                                                                                                                     participation and comment by members
                                                  pages, the cost is $10.25.                                                                                         of the public.
                                                                                                             To submit
                                                  Jeffrey Sands,                                                                  Send them to:                      ADDRESSES: The meeting will be held at
                                                                                                             comments:
                                                  Assistant Section Chief, Environmental                                                                             the U.S. Department of Labor, Frances
                                                  Enforcement Section, Environment and                       By email .......     pubcomment-                        Perkins Building, 200 Constitution
                                                  Natural Resources Division.                                                       ees.enrd@usdoj.gov.              Avenue NW., Room C–5525,
                                                                                                             By mail .........    Assistant Attorney General,
                                                  [FR Doc. 2016–24292 Filed 10–6–16; 8:45 am]
                                                                                                                                    U.S. DOJ—ENRD, P.O.
                                                                                                                                                                     Washington, DC 20210.
                                                  BILLING CODE 4410–15–P
                                                                                                                                    Box 7611, Washington, DC         SUPPLEMENTARY INFORMATION: Council
                                                                                                                                    20044–7611.                      members and members of the public are
                                                                                                                                                                     encouraged to arrive early to allow for
                                                  DEPARTMENT OF JUSTICE                                        During the public comment period,                     security clearance into the Frances
                                                                                                             the Consent Decree may be examined                      Perkins Building.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Notice of Lodging of Proposed
                                                                                                             and downloaded at this Justice                            Security Instructions: Meeting
                                                  Consent Decree Under the Clean Water
                                                                                                             Department Web site: https://                           participants should use the visitors’
                                                  Act
                                                                                                             www.justice.gov/enrd/consent-decrees.                   entrance to access the Frances Perkins
                                                    On September 30, 2016, the                               We will provide a paper copy of the                     Building, one block north of
                                                  Department of Justice lodged a proposed                    Decree upon written request and                         Constitution Avenue at 3rd and C
                                                  Consent Decree with the United States                      payment of reproduction costs. Please                   Streets NW. For security purposes,
                                                  District Court for the Western District of                 mail your request and payment to:                       meeting participants must:


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Document Created: 2018-02-13 16:31:44
Document Modified: 2018-02-13 16:31:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 69856 

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