[Federal Register Volume 65, Number 18 (Thursday, January 27, 2000)]
[Notices]
[Pages 4439-4440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1881]


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DEPARTMENT OF JUSTICE


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

    In accordance with Department policy, 28 C.F.R. Sec. 50.7, notice 
is hereby given that a proposed Consent Decree in United States v. Koch 
Industries, Inc. et al., Civil Action No. H 95-1118 (S.D. Tx.), and 
United States v. Koch Industries, Inc. et al., Civil Action No. 97 CV 
687 B(E) (N.D.Ok.), was lodged with the United States District Court 
for the Southern District of Texas on January 13, 2000. The proposed 
Consent Decree settles the civil claims of the United States on behalf 
of the United States Environmental Protection Agency and United States 
Coast Guard, and the State of Texas, against Koch Industries, Inc. and 
a number of subsidiaries (``Koch''), in both of these actions.
    In these actions, the United States alleged that, on numerous 
occasions, Koch violated Section 311(b) and (c) of the Clean Water Act, 
33 U.S.C. Sec. 1321(b) and (d), through the discharge of oil and 
related petroleum products in numerous spills from Koch oil and refined 
petroleum product pipelines and related pipeline facilities. The State 
of Texas intervened as co-plaintiff against Koch in both actions.
    The proposed Consent Decree requires Koch Industries Inc. to pay 
$30,000,000 million in civil penalties, $15 million to the United 
States and $15 million to the State of Texas. The proposed Consent 
Decree also requires Koch to perform injunctive relief consisting of 
enhancements to its leak prevention programs on pipelines that are 
still operated by Koch. Koch will also expend at least $5 million to 
perform a number of environmental projects under the proposed Consent 
Decree in Oklahoma, Texas and Kansas, the States most affected by the 
subject discharges. These environmental projects include: a pipeline 
safety study; acquisition and preservation of wildlife habitat; other 
wetlands and water quality enhancement projects; and an emergency 
planning and response project.
    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 of the Environmental and Natural Resources Division, 
U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, 
Washington, D.C. 20044-7611, and should refer to United States v. Koch 
Industries, Inc. et al., D.J. Ref. #90-5-1-1-4109.
    The Consent Decree may be examined at the following offices: United 
States Attorney's Office, Southern District of Texas, 910 Travis, Suite 
1500, Houston, Texas 770208; United States Attorney's Office, Northern 
District of Oklahoma, 3900 U.S. Courthouse, 333 W. 4th Street, Tulsa, 
Oklahoma 74103; United States Environmental Projection Agency, Region 
6, 1445 Ross Avenue, Dallas, Texas 750202-2733; United States 
Environmental Protection Agency, Region 7, 901 N. 5th Street, Kansas 
City, Kansas 66101. A copy of the Consent Decree may be obtained by 
mail from the Consent Decree Library, Department of Justice, P.O. Box 
7611, Washington, D.C. 20044. In requesting a complete copy with all 
Attachments, please enclose a check in the amount of $11.75 (25 cents 
per page reproduction

[[Page 4440]]

cost) payable to the Consent Decree Library. In requesting a copy of 
the Consent Decree without Attachments, please enclose a check in the 
amount of $10.00 (25 cents per page reproduction cost) payable to the 
Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section Environment and Natural 
Resources Division.
[FR Doc. 00-1881 Filed 1-26-00; 8:45 am]
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