[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Notices]
[Page 9451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5152]


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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act and the Rivers and Harbors Act

    In accordance with Departmental Policy, 28 CFR Sec. 50.7, notice is 
hereby given that a consent decree in United States of America v. Fina 
Oil and Chemical Company, Belaire Consulting Inc., Grace Drilling 
Company, Brown Water Marine Service, Inc., and Loyd W. Richardson 
Construction Corporation, No. H-93-0691 (S.D. Tex.) and United States 
of America v. Fina Oil and Chemical Company, No. H-93-4012 (S.D. Tex.), 
was lodged with the United States District Court for the Southern 
District of Texas on February 20, 1997.
    The proposed consent decree would resolve the United States 
allegations in these two enforcement actions: (1) that the Defendants 
have violated Section 301(a) of the Clean Water Act (``CWA''), 33 
U.S.C. Sec. 1311(a), and Section 10 of the Rivers and Harbors Act 
(``RHA''), 33 U.S.C. Sec. 403, by propwashing and otherwise damaging 
approximately 37.5 acres of seagrass habitat in the Laguna Madre near 
Corpus Christi, Texas; and (2) that Fina has violated Section 10 of the 
RHA, 33 U.S.C. Sec. 403, by continuing to maintain a wellhead and 
associated structures in the Laguna Madre after Fina's permit to do so 
was revoked by the U.S. Army Corps of Engineers.
    The proposed consent decree would: (1) require Fina to restore the 
37 acres of seagrass meadows damaged during the installation of the 
wellhead, (2) require Fina to create an additional 37 acres of seagrass 
meadows to mitigate for the past lost ecological value of the damaged 
seagrass meadows, (3) require the non-Fina Defendants to contribute 
towards the cost of the restoration and mitigation projects, and (4) 
require the Defendants to pay civil penalties totaling $2.28 million. 
As part of this settlement, the Corps' revocation of Fina's RHA permit 
would be vacated, and compliance with that permit would be enforceable 
under this Consent Decree.
    The Department of Justice will accept written comments relating to 
the proposed consent decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
U.S. Department of Justice, Attention: Scott J. Jordan, Environmental 
Defense Section, P.O. Box 23986, Washington, DC 20026-3986, and should 
refer to United States v. Fina Oil and Chemical Company, DJ Reference 
No. 90-5-1-6-486.
    The proposed consent decree may be examined at either the Clerk's 
Office, United States District Court, Southern District of Texas, 515 
Rusk Street, Houston, Texas 77002, or at the Consent Decree Library, 
1120 G Street, NW., 4th Floor, Washington, DC 20005. Requests for a 
copy of the consent decree may be mailed to the Consent Decree Library 
at the above address, and must include a check in the amount of $12.75.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources 
Division, U.S. Department of Justice.
[FR Doc. 97-5152 Filed 2-28-97; 8:45 am]
BILLING CODE 4410-15-M