[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
