[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]



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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