[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Notices]
[Pages 17399-17400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8644]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Oil Pollution Act 
(OPA)

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States of America 
v. BD Oil Gathering, Inc., Civil Action No. 2:03-0253, was lodged with 
the United States District Court for the Southern District of West 
Virginia on March 24, 2003.
    In this action, the United States sought assessment of civil 
penalties for

[[Page 17400]]

Defendant's violation of section 311(b)(3) of the Clean Water Act, 33 
U.S.C. 1321(b)(3) and the implementing regulations at 40 CFR part 100. 
On or about December 23, 1998, BD Oil, by and through its employee or 
agent, operated a truck in Roane County, West Virginia, that ruptured 
and discharged approximately 92 barrels of oil into the Big Sandy 
Creek. Within ten days of entry of the Consent Decree, BD Oil will pay 
a civil penalty of $11,000.00 to the Oil Spill Liability Trust Fund. In 
addition to the civil penalty, BD Oil agrees to create and maintain a 
Spill Response Unit (SRU) to respond to oil spills and oil discharges 
within a designated portion of eastern Ohio and western West Virginia.
    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, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States of America v. BD Oil Gathering, Inc., D.J. Ref. 
90-5-1-1-06959.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of West Virginia, 3000 Virginia 
Street, Suite 4000, Charleston, West Virginia 25301; and at U.S. 
Environmental Protection Agency, Region III Office, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103-2029. During the public comment 
period, the proposed Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed Consent Decree may also be obtained 
by (1) mail from the Consent Decree Library, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611; or by (2) faxing or 
e-mailing a request to Tonia Fleetwood (e-mail: 
[email protected]; fax no: (202) 514-0097; phone confirmation 
(202) 514-1547). In requesting a copy from the Consent Decree Library, 
please enclose a check in the amount of $8.75 (25 cents per page 
reproduction cost), made payable to the U.S. Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-8644 Filed 4-8-03; 8:45 am]
BILLING CODE 4410-15-M