Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Notices]
[Pages 8121-8122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3912]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. Tsacaba 
Shipping Co., et al., Civil Action No. 96-1556-CIV-T-

[[Page 8122]]

23E was lodged on January 28, 1999, with the United States District 
Court for the Middle District of Florida. In August 1993, the United 
States filed this action pursuant ot the Oil Pollution Act of 1990, 33 
U.S.C. 2701-2761 to recover response costs, assessment costs and 
natural resource damages arising from an oil spill in the waters of 
Tampa Bay, Florida. The Florida Department of Environmental Protection 
(FDEP) also filed a complaint against these defendants in state court 
and sought damages and costs arising from the spill. This oil spill 
occurred as a result of collisons in the waters of Tampa Bay, Florida, 
on August 10, 1993, between the M/V BALSA 37 and tug and barge 
SEAFARER/Barge OCEAN 255, and between the M/V BALSA 37 and the tug and 
tow CAPT FRED BOUCHARD/Barge B No. 155.
    Under this settlement, the defendants will pay to the United States 
and FDEP the amount of $8,000,000. This amount includes; reimbursement 
of response costs to the U.S. Coast Guard in the amount of $2,213,624 
and to FDEP in the amount of $257,735; reimbursement of assessment 
costs to the National Oceanic and Atmospheric Administration (NOAA) in 
the amount of $920,447, to the U.S. Department of Interior (DOI) in the 
amount of $73,253, and to the FDEP in the amount of $920,447. In 
addition, the $8,000,000 includes amounts to be administered by the 
federal and state trustees (NOAA, DOI, and FDEP) for natural resource 
damages sustained as a result of the oil spill. Specifically, the 
defendants will pay $1,001,799 to provide compensation for ecological 
damages as a result of the oil spill including injuries to birds, sea 
turtles, sediments, water column, and beach sand; and the defendants 
will pay $2,500,000 to be administered by the trustees to compensate 
for recreational beach use losses as a result of the oiling of St. 
Petersburg beaches in the summer of 1993. In addition, the Defendants 
have agreed to implement salt marsh restoration in Boca Ciega Bay in 
accordance with an agreed upon restoration plan.
    Finally, the defendants have purchased an 11-acre parcel of land in 
Pinellas County, Florida (Cross Bayou), which will be deeded into 
public ownership. The defendants have agreed to implement a mangrove 
restoration plan on Cross Bayou as off-site restoration compensation 
for mangrove damages sustained as a result of the spill. Cross Bayou 
will be deed restricted so that only outdoor recreational or 
conservation uses are permitted on the property.
    The Department of Justice will receive, for a period of 30 days 
from the date of this publication, comments relating to the proposed 
consent decree. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice, Washington, D.C. 20530, and should refer to: United States 
v. Tsacaba Shipping Co., et al. DOJ Ref. #90-5-1-1-5041.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Middle District of Florida, Suite 3200, North 
Tampa Street, Tampa, Florida 33602; and at the Consent Decree Library, 
1120 G Street, NW, 3rd Floor, Washington, DC 20005, (202) 624-0892. A 
copy of the proposed consent decree may be obtained in person or by 
mail from the Consent Decree Library, 1120 G Street, NW, 3rd Floor, 
Washington, DC 20005. In requesting a copy, please refer to the 
referenced case and enclose a check in the amount of $5.50 (25 cents 
per page reproduction costs), payable to the Consent Decree Library.
Joel Gross,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 99-3912 Filed 2-17-99; 8:45 am]
BILLING CODE 4410-15-M