[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Notices]
[Pages 48555-48556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7028]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree under the Clean Water Act

    Under 28 CFR 50.7, notice is hereby given that on August 15, 2006, 
a proposed Consent Decree (``Decree'') in United States and 
Commonwealth of Kentucky, Environmental and Public Protection Cabinet 
v. Mid-Valley Pipeline Company, Sunoco Pipeline L.P., and Sun Pipe Line 
Company, Civil Action No. 06-57-KKC, was lodged with the United States 
District Court for the Eastern District of Kentucky.
    In this action, the United States alleged Clean Water Act (``CWA'') 
violations arising from two spills of crude oil from the Mid-Valley 
Pipeline (MVPL). In the Complaint, the United

[[Page 48556]]

States asserts CWA claims for penalties and injunctive relief, and the 
Kentucky Cabinet asserts claims for penalties and costs under Kentucky 
Revised Statutes Chapter 224 and related Kentucky Administrative 
Regulations, against MVPL owner Mid-Valley Pipeline Company (``Mid-
Valley'') and MVPL operator Sunoco Pipeline L.P. (``SPLP''), for the 
spill of 6,251 barrels of crude oil on January 26, 2005, in Owen 
County, Kentucky, into the Kentucky and Ohio Rivers. In addition, the 
United States asserts a CWA claim against Mid-Valley and then-operator 
Sun Pipe Line Company (``Sun'') for the spill of 1,500 barrels of crude 
oil on November 24, 2000, in Claiborne Parish, Louisiana, into Campit 
Lake. With respect to the Kentucky spill, the Decree provides for Mid-
Valley and SPLP to pay a $2.57 million civil penalty ($1.4 million to 
the Unite States, and $1.17 million to the Cabinet), pay for a state 
environmental project at a cost of $230,000, perform injunctive relief 
related to enhancement of spill response preparation, and reimburse the 
Kentucky Cabinet for certain billed response costs. With respect to the 
November 2000 Louisiana discharge of 1,500 barrels, Mid-Valley and 
operator Sun are to pay a federal civil penalty of $300,000.
    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, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and Commonwealth of Kentucky, Environmental and Public 
Protection Cabinet v. Mid-Valley Pipeline Company. Sunoco Pipeline 
L.P., and Sun Pipe Line Company, D.J. Ref. 90-5-1-1-07957.
    The Decree may be examined at the Office of the United States 
Attorney, Eastern District of Kentucky, 110 West Vine Street, Suite 
400, Lexington, KY 40507-1671; at U.S. EPA Region 4, 61 Forsyth Street, 
SW., Atlanta, GA 30303-8960; and at U.S. EPA Region 6, 1445 Ross 
Avenue, Suite 1200, Dallas, TX 75202-2733. During the public comment 
period, the Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Decree may also be obtained by mail from the Consent Decree 
Library, P.O. 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 $8.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Henry S. Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-7028 Filed 8-18-06; 8:45 am]
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