83 FR 25494 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 106 (June 1, 2018)

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25494-25495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11782]


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DEPARTMENT OF JUSTICE


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

    On May 24, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Hawaii in the lawsuit entitled United States of America v. Capt. 
Millions III, LLC et al., Civil Action No. 1:18-cv-196.
    The Complaint in this Clean Water Act case was filed against the 
defendants concurrently with the lodging of the Consent Decree. The 
Complaint alleges that the defendants, Capt. Millions III, LLC, Brian 
Nguyen, and Kha Van, are civilly liable for violations of Section 311 
of the Clean Water Act (``CWA''), 33 U.S.C. 1321. Mr. Nguyen is the 
managing member of the company and Mr. Van is the longtime operator of 
the vessel. The Complaint alleges that the company and individuals are 
liable for violations related to the commercial longline fishing vessel 
Capt. Millions III's operations based out of Honolulu, Hawaii. The 
Complaint addresses discharges of oily bilge waste from the vessel 
while fishing for tuna off Hawaii. The Complaint also includes a Clean 
Water Act claim for violations of the Coast Guard's pollution control 
regulations, including failure to provide sufficient capacity to retain 
all oily bilge water onboard the vessel. The United States seeks civil 
penalties and injunctive relief to deter future violations by the 
defendants and others in the industry.
    Under the proposed Consent Decree, the defendants will perform 
corrective measures to remedy the violations and prevent future 
violations, including: (1) Repairing the vessel to reduce the quantity 
of oily waste generated during a fishing voyage; (2) providing 
crewmembers with training on the proper handling of oily wastes; (3) 
documenting proper oily waste management and disposal after returning 
to port; and (4) submitting compliance reports to the Coast Guard and 
the Department of Justice.
    The consent decree also requires the company, company manager, and 
vessel operator to each pay a civil penalty. The penalty amounts were 
set considering each defendant's limited ability to pay a higher 
penalty, as demonstrated through documentation submitted to the United 
States and analyzed by a financial expert. Capt. Millions III, LLC must 
pay a civil penalty of $10,000; the company manager, Brian Nguyen, must 
pay a civil penalty of $5,000; and the vessel operator, Kha Van, must 
pay a civil penalty of $7,000. Under the terms of the Clean Water Act, 
the penalties paid for these discharges will be deposited in the 
federal Oil Spill Liability Trust Fund managed by the National 
Pollution Funds Center.
    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

[[Page 25495]]

Division, and should refer to United States of America v. Capt. 
Millions III, LLC et al., D.J. Ref. No. 90-5-1-1-11816. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. 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, 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 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 $13.75 (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. 2018-11782 Filed 5-31-18; 8:45 am]
 BILLING CODE 4410-15-P