[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Notices]
[Page 51491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24363]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree, Pursuant to the Clean Water
Act
In accordance with Departmental policy and 28 CFR Sec. 50.7, notice
is hereby given that a proposed consent decree in United States of
America and Division of Water Resources, Department of Natural
Resources, State of West Virginia v. Rayle Coal Company, et al., Civil
Action No. 87-0085-W(K) consolidated with Rayle Coal Company, et al. v.
United States Environmental Protection Agency and Division of Water
Resources, Department of Natural Resources, State of West Virginia,
Civil Action No. 88-0094-W(K), was lodged on or about September 19,
1995, with the United States District Court for the Northern District
of West Virginia.
The proposed consent decree pertains to the United States' claims
pursuant to Sections 301 and 309 of the Clean Water Act (``CWA''), 33
U.S.C. Secs. 1311 and 1319, and the State of West Virginia's claims
pursuant to the West Virginia Water Pollution Control Act that the
Defendants discharged effluent from an abandoned coal mine refuse pile
on Defendants' property near Tridelphia, West Virginia into Storch's
Run, a tributary of Middle Wheeling Creek, without a permit. In the
Decree, the Defendants (specifically, Rayle Coal Company and Marietta
Coal Company) are required to expeditiously apply for an NPDES permit
for effluent discharged from their abandoned coal mine refuse pile into
Storch's Run. Further, the Defendants are required: (1) To pay a civil
penalty of $145,000 to the United States and the State of West
Virginia; (2) to comply with interim effluent limitations at a
specified discharge point until the Defendants' NPDES permit is final
for purposes of administrative or judicial appeal; (3) to restore
Storch's Run by cleaning treatment ponds, properly disposing of sludge
from the cleanup and maintenance of the wastewater treatment system, by
reclaiming all areas disturbed by restoration activities, and by
certifying that the design and construction of the dams used in the
treatment system meet appropriate state requirements; (4) to monitor
and report compliance with the terms of the Consent Decree; (5) to pay
stipulated penalties for failing to comply (a) with any interim
effluent limitation, monitoring or reporting requirement in the Consent
Decree, or (b) with effluent limitations set forth in the Defendants'
NPDES permit for a six month compliance period.
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 for the Environment and Natural Resources Division,
Department of Justice, Washington, DC 20530, and should refer to United
States of America and Division of Water Resources, Department of
Natural Resources, State of West Virginia v. Rayle Coal Company, et
al., DOJ Ref. #90-5-1-1-2826.
The proposed consent decree may be examined at the Office of the
United States Attorney, 1100 Main Street, Suite 200, Wheeling, West
Virginia; the Region III Office of the Environmental Protection Agency,
841 Chestnut Building, Philadelphia, Pennsylvania 19107; and at the
Consent Decree Library, 1120 G Street, NW., 4th 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., 4th Floor, Washington, DC 20005. In requesting a copy of
the body of the proposed decree, please refer to the referenced case
and enclose a check in the amount of $10.25 (25 cents per page
reproduction costs), for each copy. The check should be made payable to
the Consent Decree Library.
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-24363 Filed 9-29-95; 8:45 am]
BILLING CODE 4410-01-M
