[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Notices]
[Pages 51129-51130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25029]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    In accordance with Departmental policy, 28 CFR Sec. 50.7, please be 
advised that a proposed Consent Decree was lodged on September 23, 
1996, in United States v. Atlantic Refining and Marketing Co., Inc., 
and Sun Co., Inc., (R&M), C.A. No. 94-5482, with the United States 
District Court for the Eastern District of Pennsylvania (``District 
Court''). On the same date, the United States withdrew a proposed 
consent decree for this case which had been lodged with the District 
Court on September 22, 1994. See Notice of Lodging, 59 FR 48640.
    The proposed consent decree addresses alleged violations of 
Sections 301 and 402 of the Clean Water Act, 33 U.S.C. Secs. 1311 and 
1342, which occurred at the Philadelphia, Pennsylvania oil refinery 
owned by Atlantic Refining and operated by Sun Co., Inc., R&M. Both 
entities are subsidiaries of Sun Company, Inc. Specifically, the 
defendants allegedly violated several parameters of the National 
Pollutant Discharge Elimination System (``NPDES'') permit for the 
Philadelphia refinery. The parameters allegedly violated include those 
for total suspended solids, oil and grease, total chromium, hexavelant 
chromium, biochemical oxygen demand, phenolics, ammonia (as nitrogen), 
zinc, and pH. The violations included eleven bypasses of untreated 
water to the Schuylkill River.
    The proposed consent decree requires defendants to undertake 
extensive injunctive relief to ensure compliance with the NPDES permit, 
to implement two supplemental environmental projects (``SEPs''), and to 
pay a civil penalty of $600,000. The injunctive relief provisions of 
the proposed decree include upgrading the refinery's wastewater 
treatment plant, stormwater conveyance, and operating and maintenance 
practices. The proposed consent decree also imposes substantial 
stipulated penalties in the event of bypasses, violations of effluent 
limitations, violations of monitoring, sampling and reporting 
requirements, and delays in meeting the compliance schedule for the 
injunctive requirements of the Decree. The SEPs will include (1)

[[Page 51130]]

The rehabilitation of a rare freshwater tidal wetland in the Schuylkill 
River (across the river from defendants' Philadelphia oil refinery) and 
(2) the purchase of a hazardous materials response and command vehicle 
to be housed in the vicinity of defendants' refinery and used for 
emergency response by the City of Philadelphia. It is anticipated that 
the SEPs will cost defendants in excess of $700,000 to complete.
    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 v. Atlantic 
Refining and Marketing Co., et al., DOJ Ref. #90-5-1-1-5056. The 
proposed consent decree may be examined at the office of the United 
States Attorney, 615 Chestnut Street, 13th Floor, Suite 1300, 
Philadelphia, Pennsylvania 19106 and the Region III Office of the 
Environmental Protection Agency, 841 Chestnut Building, Philadelphia, 
Pennsylvania 19107. 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, (202) 624-0892. The 
proposed decree contains 40 pages, without attachments. The attachments 
constitute an additional 109 pages. To obtain a copy of the decree 
without attachments, please enclose a check in the amount of $8.00 (25 
cents per page reproduction costs). To obtain the decree including the 
attachments, please enclose a check for $35.25. Please make the check 
payable to the Consent Decree Library, and refer to the case by its 
title and DOJ Ref. #90-5-1-1-5056.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 96-25029 Filed 9-27-96; 8:45 am]
BILLING CODE 4410-01-M