[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Page 58631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8483]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act and 
the Oil Pollution Act

    Notice is hereby given that on September 22, 2006, a proposed 
consent decree in United States v. Nacelle Land & Management 
Corporation, et al., Civ. No. 1:04-cv-201 was lodged with the United 
States District Court for the Northern District of Ohio.
    In this action, the United States seeks, pursuant to the Oil 
Pollution Act, recoupment of the costs incurred by the U.S. 
Environmental Protection Agency (``U.S. EPA'') in conducting oil 
response actions at Nacelle Land & Management Corporation's oil and 
brine separation facility located at 675 Lakeshore Blvd., Painesville 
Township, Lake County, Ohio (``Nacelle Facility''). The complaint also 
seeks civil penalties for alleged violations of the Clean Water Act and 
its pertinent regulations at the Nacelle Facility. Specifically, in its 
Complaint, the United States, on behalf of the Oil Spill Liability 
Trust Fund (``OSLTF''), and its administrator, the U.S. Coast Guard, 
seeks, pursuant to the Oil Pollution Act (OPA), 33 U.S.C. 2701, et 
seq., to recover all unreimbursed oil removal costs, including interest 
under OPA Section 1005, 33 U.S.C. 2705, prejudgment interest, 
administrative and adjudicative costs, and attorney's fees, totaling at 
least $2,274,337.59, incurred by the United States, and/or expended by 
the OSLTF, in responding to the discharge and/or substantial threat of 
discharge of oil at and from Nacelle's the Nacelle Facility. The 
Complaint also seeks, on behalf of U.S. EPA, civil penalties pursuant 
to CWA Section 311, 33 U.S.C. 1321(b)(7), from Defendants Nacelle and 
Lake Underground for discharges of oil and brine into navigable waters 
of the United States at or adjacent to the Nacelle Facility, and for 
the failure of Nacelle and Lake Underground to prepare and implement an 
oil spill prevention control and countermeasures program at the Nacelle 
Facility.
    Under the proposed Consent Decree, the United States would recover 
a total of $300,000 (determined by a Department of Justice financial 
analyst to be the amount that the corporations can pay) as well as a 
portion of the proceeds of any sale or lease of certain properties 
owned by the companies. Of the $300,000 to be recovered, $200,000 would 
be paid to the OSLTF in satisfaction of the United States' claim for 
reimbursement of removal costs, and $100,000 would be paid to the OSLTF 
in full settlement of the United States' claim for civil penalties 
under CWA Section 311, 33 U.S.C. 1321. A percentage of the proceeds 
from the sale or lease of properties owned by the corporations also 
would be paid into the OSLTF.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Nacelle Land & Management Corp., et al. D. J. 
Ref. 90-5-1-1-4365.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Northern District of Ohio, 801 West 
Superior Avenue Suite 400, Cleveland, OH 44113 (contact Asst. U.S. 
Attorney Steven Paffilas (216-622-3698)), and at U.S. EPA Region 5, 7th 
Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois 60604 
(contact Assoc. Regional Counsel Deirdre Tanaka (312-886-6730)). During 
the public comment period, the proposed consent decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed consent decree may 
also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#11657e7f78703f777d747465667e7e75516462757e7b3f767e67"><span class="__cf_email__" data-cfemail="9beff4f5f2fab5fdf7fefeefecf4f4ffdbeee8fff4f1b5fcf4ed">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the consent Decree 
Library, please enclose a check in the amount of $7.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-8483 Filed 10-03-06; 8:45 am]
BILLING CODE 4410-15-M


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