82 FR 8435 - Notice of Lodging of Proposed Consent Decree Under the System Unit Resource Protection Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range		8435-8435
FR Document		2017-01698

Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)

[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Page 8435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01698]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the System 
Unit Resource Protection Act

    On January 19, 2017, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of California in United States v. Tomales Bay Oyster Company, 
LLC, Civil Action No. 3:17-cv-00255.
    The United States filed a complaint under the System Unit Resource 
Protection Act, 54 U.S.C. 100722(a), and California trespass law 
seeking damages and response costs stemming from the Defendant's 
alleged use of a parcel of land owned by the United States and 
administered by the United States National Park Service as part of the 
Golden Gate National Recreation Area. The United States simultaneously 
lodged a consent decree which would settle these claims in return for a 
payment of $280,000. From this sum, the Department of Justice will 
deposit $267,742 in the Department of the Interior's Natural Resource 
Damage Assessment and Restoration Fund to pay for response and natural 
resource damage assessment costs incurred by the United States and 
natural resource restoration projects related to this incident. The 
Department of Justice will deposit the remaining $12,258 in the United 
States Treasury.
    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. Tomales Bay Oyster Company, LLC, 
D.J. Ref. No. 90-5-1-1-11544. 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 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 $4.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-01698 Filed 1-24-17; 8:45 am]
BILLING CODE P

Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8435

substances under the laws of the State Dated: January 17, 2017. During the public comment period,
in which he engages in professional Chuck Rosenberg, the proposed consent decree may be
practice is a fundamental condition for Acting Administrator. examined and downloaded at this
obtaining and maintaining a [FR Doc. 2017–01688 Filed 1–24–17; 8:45 am] Justice Department Web site: https://
registration. See, e.g., James L. Hooper, BILLING CODE 4410–09–P
www.justice.gov/enrd/consent-decrees.
76 FR 71371 (2011), pet. for rev. denied, We will provide a paper copy of the
481 Fed Appx. 826 (4th Cir. 2012); see proposed consent decree upon written
also Frederick Marsh Blanton, 43 FR DEPARTMENT OF JUSTICE request and payment of reproduction
27616 (1978) (‘‘State authorization to costs. Please mail your request and
dispense or otherwise handle controlled Notice of Lodging of Proposed payment to: Consent Decree Library,
substances is a prerequisite to the Consent Decree Under the System Unit U.S. DOJ—ENRD, P.O. Box 7611,
issuance and maintenance of a Federal Resource Protection Act Washington, DC 20044–7611.
controlled substances registration.’’). Please enclose a check or money order
This rule derives from the text of two On January 19, 2017, the Department for $4.75 (25 cents per page
provisions of the CSA. First, Congress of Justice lodged a proposed consent reproduction cost) payable to the United
defined ‘‘the term ‘practitioner’ [to] decree with the United States District States Treasury.
mean[] a . . . physician . . . or other Court for the Northern District of
person licensed, registered, or otherwise California in United States v. Tomales Henry Friedman,
permitted, by . . . the jurisdiction in Bay Oyster Company, LLC, Civil Action Assistant Section Chief, Environmental
which he practices . . . to distribute, No. 3:17–cv–00255. Enforcement Section, Environment and
dispense, [or] administer . . . a Natural Resources Division.
controlled substance in the course of The United States filed a complaint [FR Doc. 2017–01698 Filed 1–24–17; 8:45 am]
professional practice.’’ 21 U.S.C. under the System Unit Resource BILLING CODE P
§ 802(21). Second, in setting the Protection Act, 54 U.S.C. 100722(a), and
requirements for obtaining a California trespass law seeking damages
practitioner’s registration, Congress and response costs stemming from the DEPARTMENT OF JUSTICE
directed that ‘‘[t]he Attorney General Defendant’s alleged use of a parcel of
shall register practitioners . . . if the land owned by the United States and Notice of Lodging of Proposed
applicant is authorized to dispense . . . administered by the United States Consent Decree Under the Clean Water
controlled substances under the laws of National Park Service as part of the Act
the State in which he practices.’’ 21 Golden Gate National Recreation Area.
The United States simultaneously On January 17, 2017, the Department
U.S.C. § 823(f).
lodged a consent decree which would of Justice lodged a proposed Consent
Because Congress has clearly
settle these claims in return for a Decree with the United States District
mandated that a practitioner possess
state authority in order to be deemed a payment of $280,000. From this sum, Court for the Eastern District of Texas in
practitioner under the Act, DEA has the Department of Justice will deposit the lawsuit entitled United States and
held repeatedly that revocation of a $267,742 in the Department of the the State of Texas v. City of Tyler,
practitioner’s registration is the Interior’s Natural Resource Damage Texas, Civil Action No. 6:17–cv–00029.
appropriate sanction whenever he is no Assessment and Restoration Fund to The United States of America and the
longer authorized to dispense controlled pay for response and natural resource State of Texas (collectively, ‘‘Plaintiffs’’)
substances under the laws of the State damage assessment costs incurred by filed a complaint against the City of
in which he engages in professional the United States and natural resource Tyler, Texas, (‘‘Defendant’’) alleging that
practice. See, e.g., Calvin Ramsey, 76 FR restoration projects related to this Defendant violated and continues to
20034, 20036 (2011); Sheran Arden incident. The Department of Justice will violate Section 301 of the Clean Water
Yeates, M.D., 71 FR 39130, 39131 deposit the remaining $12,258 in the Act (‘‘CWA’’), 33 U.S.C. 1311, and
(2006); Dominick A. Ricci, 58 FR 51104, United States Treasury. Section 26.121(a)(1) of the Texas Water
51105 (1993); Bobby Watts, 53 FR The publication of this notice opens Code (‘‘TWC’’) by discharging raw
11919, 11920 (1988); Blanton, 43 FR at a period for public comment on the sewage from the City of Tyler’s
27617. proposed consent decree. Comments wastewater collection and treatment
Accordingly, because Registrant should be addressed to the Assistant systems (‘‘WCTS’’) into or adjacent to
currently lacks authority to dispense Attorney General, Environment and local waterways. The complaint further
controlled substances in Arkansas, the Natural Resources Division, and should alleges that Defendant failed to comply
State in which he holds his DEA refer to United States v. Tomales Bay with the terms and conditions of its two
registration, I will order that his Oyster Company, LLC, D.J. Ref. No. 90– Texas Pollutant Discharge Elimination
registration be revoked. 5–1–1–11544. All comments must be System permits, issued pursuant to
submitted no later than thirty (30) days Section 402 of the CWA, 33 U.S.C. 1342,
Order and in violation of Section 7.101 of the
after the publication date of this notice.
Pursuant to the authority vested in me Comments may be submitted either by TWC, due to operational failures,
by 21 U.S.C. §§ 823(f) and 824(a)(3), as email or by mail: Defendant’s failure to issue all necessary
well as 28 CFR 0.100(b), I order that reports required by its permits, and
DEA Certificate of Registration To submit Defendant’s failure to adequately
FL2413297 issued to Donald W. Send them to: safeguard against discharges during
mstockstill on DSK3G9T082PROD with NOTICES

comments:
Lamoureaux, M.D., be, and it hereby is, power outages. The complaint alleges
revoked. I further order that any By email ....... pubcomment-ees.enrd@ violations have been ongoing since
pending application of Donald W. usdoj.gov. 2005. The Plaintiffs seek injunctive
Lamoureaux, M.D., to renew or modify By mail ......... Assistant Attorney General, relief, pursuant to Section 309(b) of the
his registration, be, and it hereby is, U.S. DOJ—ENRD, P.O. CWA, 33 U.S.C. 1319(b), and Section
Box 7611, Washington, DC
denied. This Order is effective February 20044–7611.
7.032 of the TWC, and civil penalties,
24, 2017. pursuant to Section 309(d) of the CWA,

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Document Created: 2017-01-25 00:08:39
Document Modified: 2017-01-25 00:08:39

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		82 FR 8435