83 FR 21307 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 90 (May 9, 2018)

[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Notices]
[Pages 21307-21308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09842]


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DEPARTMENT OF JUSTICE


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

    On May 2, 2018, the Department of Justice lodged a proposed Consent 
Decree with the United States District Court for the Middle District of 
Louisiana in the lawsuit entitled United States of America v. WCC 
Energy Group, LLC and Sammy Garrard, Civil Action No. 3:18-cv-00515-
JWD-EWD.
    The Complaint in this Clean Water Act case was filed against WCC 
Energy Group, LLC and Sammy Garrard concurrently with the lodging of 
the proposed Consent Decree. The Complaint alleges that WCC and Mr. 
Garrard are civilly liable for violations of Section 311 of the Clean 
Water Act (``CWA''), 33 U.S.C. 1321. The Complaint seeks civil 
penalties and injunctive relief for two discharges of oil into 
navigable waters of the United States from an oil production facility 
in the Frog Lake Area of the Atchafalaya River Basin.
    The Complaint alleges that the spills occurred in August 2017. The 
first spill involved oil discharged from a portion of the facility's 
transfer line. The second spill was caused by oil leaking off the deck 
of the facility's production barge into the surrounding water, 
resulting in a sheen. WCC is an owner and operator of the facility. Mr. 
Garrard, the facility manager at the time of the spills, was an 
operator and person-in-charge.
    Under the proposed Consent Decree each defendant will pay a civil 
penalty and perform corrective measures. WCC will pay a civil penalty 
of $55,000. Mr. Garrard will pay a civil penalty of $2,000 based on 
assessment of his limited financial ability to pay. The Consent Decree 
also requires WCC to perform corrective measures at its Frog Lake 
facility, including notifying the Coast Guard in advance of oil 
transfer operations, discontinuing the storage of oily waste at the 
facility, maintaining flow meter gauges and installing pressure gauges 
to ensure against oil losses along the transfer line, performing 
periodic inspections of the facility, and submitting reports on 
progress and compliance. The Consent Decree further requires Mr. 
Garrard to notify the Coast Guard of his work in the oil and gas 
industry over the next year.
    The Publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. WCC Energy Group, LLC 
and Sammy Garrard, D.J. Ref. No. 90-5-1-1-11281/1. Comments may be 
submitted by either email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Acting Assistant Attorney General,
                                       U.S. DOJ-ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: 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 $7.50 (25 cents per page

[[Page 21308]]

reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-09842 Filed 5-8-18; 8:45 am]
 BILLING CODE 4410-15-P