[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Notices]
[Page 40737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20395]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree in an Oil Spill Case
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a consent decree was lodged in In re Complaint of
United States, as Owner of SS CAPE MOHICAN (O.N. 536672), for
exoneration from or limitation of liability, Civil Action No. C97-1380
EDL (N.D. Cal.), on July 16, 1998 with the United States District Court
for the Northern District of California.
On October 28, 1996, fuel oil in a stabilization tank on the SS
CAPE MOHICAN flowed from the vessel into a drydock operated by San
Francisco Drydock and overflowed from the drydock into San Francisco
Bay (the ``Oil Spill''). The United States has filed claims against San
Francisco Drydock. San Francisco Drydock has filed claims against the
United States. The State of California has filed claims against San
Francisco Drydock and the United States.
The State of California and the United States have entered into a
joint consent decree with San Francisco Drydock that resolves the
claims asserted by both governments against San Francisco Drydock.
Under the Consent Decree, San Francisco Drydock will pay the state and
federal governments $7,756,646 to settle the state and federal claims
for response costs, assessment costs, and natural resources damages. Of
that total, $3.625 million is for natural resources damages under the
trusteeship of the federal and state governments. The state and federal
natural resources trustees presently plan to use the $3.625 million to
restore and enhance habitats, birds, marine aquatic species, public
areas, and public services affected by the spill. The natural resources
trustees will describe specific restoration projects in one or more
restoration plan proposals. Public comment on the specific projects
will be sought before the trustees prepare the final restoration plan
or plans.
Other federal components of the settlement include the recovery of
Coast Guard and Navy response costs of $1,239,198; Department of the
Interior (``DOI'') response costs of $138,832; compensation for the
oiling of historic ships in the amount of $50,000; and National Oceanic
and Atmospheric Administration response costs of $120,630.
The State of California is recovering other amounts, including
state response costs of $1,757,984; state damage assessment costs of
$175,000; payments to the state environmental enhancement fund and the
oil spill prevention and administration fund totaling $175,000, and a
civil penalty of $50,000. In addition, the state and the San Francisco
District Attorney's Office will jointly administer $400,000 to be
devoted to enhancing and protecting natural resources in or around, or
affected by or having an effect on, San Francisco Bay.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the joint
natural resources damages component of the proposed consent decree, the
$3.625 million. No comments are requested on the recovery of response
costs or other matters. Comments should be addressed to the Assistant
Attorney General for the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and copied to Robert R.
Klotz, Environmental Enforcement Section, U.S. Department of Justice,
301 Howard Street, Suite 870, San Francisco, CA 94105. Comments should
refer to In re Complaint of United States, as Owner of SS CAPE MOHICAN
(O.N. 536672), for exoneration from or limitation of liability, Civil
No. C97-1380 EDL, and DOJ No. 90-5-1-1-4407.
The proposed CAPE MOHICAN consent decree may be examined at the
office of the United States Attorney, Northern District of California,
450 Golden Gate Avenue, San Francisco, California 94102; and at the
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,
D.C. 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, N.W., 4th Floor, Washington, D.C. 20005. To request a copy of
the consent decree in In re Complaint of United States, as Owner of SS
CAPE MOHICAN (O.N. 536672), for exoneration from or limitation of
liability, please refer to that case title, Civil No. C97-1380 EDL, and
DOJ No. 90-5-1-1-4407, and enclose a check for the amount of $9.50 (25
cents per page reproduction cost) payable to the Consent Decree
Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-20395 Filed 7-29-98; 8:45 am]
BILLING CODE 4410-15-M