[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66463-66464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21882]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act and 
Oil Pollution Act

    Notice is hereby given that on October 13, 2005, a proposed Consent 
Decree (``Decree'') in United States v. Kentucky Utilities Co., Civil 
Action No. 5:05-cv-418, was lodged with the United States District 
Court for the Eastern District of Kentucky.
    In this action, the United States sought the assessment of 
penalties under the Clean Water Act, as amended by the Oil Pollution 
Act of 1990, due to the discharge in 1999 of approximately 38,000 
gallons of diesel fuel oil from an underground pipeline owned and 
operated by Defendants and located at the E.W. Brown Generating Station 
in Burgin, Kentucky (``Brown Station''). The United States also sought 
the assessment of penalties for the 2001 discharge of an unknown 
quantity of oil from a cooling tower at the Brown Station, and for 
Defendant's failure to timely submit a Brown Station Facilities 
Response Plan (``FRP''). The Decree provides for Defendants to pay a 
civil penalty in the amount of $228,569, and to install two additional 
oil-water separators at the Brown Station. This Supplemental 
Environmental Project will cost at least $750,000 to install, and

[[Page 66464]]

an additional $400,000 to maintain over the next ten (10) years.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Kentucky Utilities Co., DJ 90-5-1-1-07915.
    The Decree may be examined at the Office of the United States 
Attorney, 110 West Vine Street, Room 400, Lexington, Kentucky 40507, 
and at U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, 
SW., Atlanta, Georgia 30303-3104. During the public comment period, the 
Decree may also be examined on the following Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.html. A copy of the Decree may 
also be obtained by mail from the Consent Decree Library, PO Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or 
e-mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $39.75 (25 cents per page reproduction cost) 
payable to the U.S. Treasury. In requesting a copy exclusive of 
exhibits, please enclose a check in the amount of $10.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-21882 Filed 11-1-05; 8:45 am]
BILLING CODE 4410-15-M