[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Page 60022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29706]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under Clean Water Act
In accordance with Departmental policy, 28 C.F.R. 50.7, notice is
hereby given that a proposed consent decree in United States v. Coal
Valley Mining, Inc., C.A. No. 5:97-0763, was lodged on October 22,
1998, with the United States District Court for the Southern District
of West Virginia. The United States' Complaint alleges that Coal Valley
operated the old mine refuse area site, near Whitby, Raleigh County,
West Virginia (``Site''). Further, the Complaint alleges that Coal
Valley in operation of the Site violated the clean Water Act and its
National Pollutant Discharge Elimination System (``NPDES'') Permit by
discharging pollutants into the navigable waters of the United States.
The consent decree resolves the United States' claims for civil
penalties and injunctive relief, pursuant to the Clean Water Act, 33
U.S.C. Secs. 1251 et seq. Under the consent decree, the defendant must
maintain compliance with its NPDES Permit and will pay a civil penalty
of $20,000 to the United States within thirty days after entry of the
consent decree by the Court. Upon the completion of reclamation
activities at the Site, Coal Valley is required to pay an additional
cash penalty if bond funds posted with the State of West Virginia are
released to Coal Valley.
The United States filed a related case, Civil Action Number 5:97-
0762, against the Ridgeway Development Corporation, which operated a
mine site, and Coal Valley sub-leased the mineral and surface rights of
such mine to Ridgeway. Ridgeway violated the Clean Water Act and its
NPDES Permit in operating the mine, and Coal Valley was named as a
defendant in the Ridgeway case. The consent decree resolves the United
States' claims against Coal Valley for civil penalties and injunctive
relief in this related case.
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, D.C. 20530, and should refer to
United States v. Coal Valley Mining, Inc., DOJ Reference No. 90-5-2-1-
2093.
The proposed consent decree may be examined at the office of the
United States Attorney, room 4000, 300 Virginia Street-East,
Charleston, West Virginia 25301; the Region III Office of the
Environmental Protection Agency, 1650 Arch Street, Philadelphia,
Pennsylvania 19103-2029; and the Consent Decree Library, 1120 G Street,
N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the
proposed decree may be obtained in person or by mail from the Consent
Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005.
In requesting a copy, please refer to the referenced case and enclose a
check in the amount of $6.75 (.25 cents per page production costs),
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-29706 Filed 11-5-98; 8:45 am]
BILLING CODE 4410-15-M
