[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Notices]
[Pages 51022-51023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21284]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Federal Water 
Pollution Control Act (``CWA'')

    Notice is hereby given that a proposed Consent Decree (``Decree'') 
in United States v. Jayhawk Pipeline, L.L.C., Civil Action No. 99-
20009-GTV, was lodged on August 8th, 2000, with the United States 
District Court for the District of Kansas.

[[Page 51023]]

    The Complaint filed in the above-referenced matter alleges that 
Defendant Jayhawk Pipeline, L.L.C. (``Jayhawk'') violated Sections 
311(b)(3) and 309(b) of the Federal Water Pollution Control Act, 
commonly known as the Clean Water Act (``CWA''), 33 U.S.C. 1321(b)(3) 
and 1319(b). The Complaint, which was filed on January 11, 1999, sought 
civil penalties and injunctive relief for 16 discharges of oil from 
Jayhawk's inland oil gathering lines to navigable waters of the United 
States or adjoining shorelines within the State of Kansas.
    Under the proposed Decree, Jayhawk shall pay the United States 
$352,500 in civil penalties for the 16 discharges alleged in the 
Complaint, and 12 additional discharges itemized in Appendix D to the 
proposed Decree. Additionally, the proposed Decree requires Jayhawk to:
    (A) Purge and permanently remove from service the Eastern, Central 
and Western portions of its gathering line system in accordance with an 
agreed upon schedule. See Consent Decree at Paras. 11-13.
    (B) Install a cathodic protection system on all gathering lines 
which remain in service in accordance with specified industry 
standards. The system will include periodic close interval and pipe-to-
soil surveys and a commitment to perform corrective measures. See 
Consent Decree at Paras. 16-20.
    (C) Perform periodic on the ground surveys of all remaining 
gathering lines in order to identify ``Covered Water Bodies'' within 
500 feet of Jayhawk's remaining lines, and to ensure that the gathering 
lines meet specified standards for sufficiency of cover. Jayhawk will 
perform required corrective measures. See Consent Decree at Paras. 21-
22.
    (D) Hydrostatically test all remaining gathering lines located 
within 500 feet of a Covered Water Body, in order to ensure that the 
gathering line meets industry standards for structural integrity. See 
Consent Decree at para. 24.
    (E) Company with an operation and maintenance manual for its 
gathering system which complies with federal standards set for trunk 
lines. Similarly, Jayhawk shall comply with federal standards for 
employee training set for trunk lines on its gathering system. See 
Consent Decree at Paras. 27-28.
    In exchange, the United States is granting Jayhawk a covenant not 
to sue for civil penalties pursuant to Section 311(b) of the CWA 
arising from the twenty-eight discharges specified in Appendix D. The 
United States is also granting Jayhawk a covenant not to sue for 
injunctive relief under Section 309(b) or 311(e) of the CWA for the 
work performed pursuant to the Decree.
    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, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044, and 
should refer to United States v. Jayhawk Pipeline, L.L.C., DOJ Ref. 
#90-5-1-1-4460.
    The proposed Decree may be examined at the Office of the United 
States Attorney, District of Kansas, 500 State Avenue, Suite 360, 
Kansas City, KS 66101, 913-551-6730; and the Region VII Office of the 
Environmental Protection Agency, 901 N. 5th Street, Kansas City, KS 
66101, 913-551-7714. A copy of the proposed Decree may also be obtained 
by mail from the Consent Decree Library, P.O. Box 7611, Washington, DC 
20044. In requesting a copy of the Consent Decree, please refer to the 
referenced case and enclose a check in the amount of $42.00 for the 
Decree and all attachments, or $10.75 for the Decree without 
attachments (25 cents per page reproduction costs), payable to the 
Consent Decree Library.

Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-21284 Filed 8-21-00; 8:45 am]
BILLING CODE 4410-15-M