[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5871-5872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-411]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on January 17, 2008, a proposed Consent 
Decree (``Massey Consent Decree'') in United States v. Massey Energy 
Company, et al., Civil Action No. 2:07-0299 was lodged with the United 
States District Court for the Southern District of West Virginia.
    In this action the United States sought a civil penalty and 
injunctive relief against Massey Energy Company, et al. for illegal 
discharges of pollutants into waters of the United States from its coal 
mines in West Virginia and Kentucky and for violating the terms of 
their National Pollutant Discharge Elimination System Permits 
(``NPDES''). The Massey Consent Decree resolves the United States' 
claims against Massey Energy Company, A.T. Massey Coal Company, Massey 
Coal Services, Inc., and 25 of their subsidiaries (collectively 
``Defendants'') for violations of Sections 301 and 402 of the Clean 
Water Act, 33 U.S.C. 1311 and 1342. The settlement requires Defendants 
to pay a $20 million civil penalty and perform injunctive relief at all 
facilities for five years. This injunctive relief includes the 
implementation of a Discharge Monitoring Report tracking system, a 
protocol for responding to any future violations, internal and external 
audits of all treatment systems and facilities, the appointment of 
environmental managers responsible for environmental compliance, 
training on environmental compliance, independent third-party auditors 
to report annually to EPA on Defendants' compliance with the terms of 
the Consent Decree, and stipulated penalties for NPDES permit limit 
violations in the next five years. The settlement also requires 
Defendants to perform 20 remediation projects on the Little Coal River 
and execute conservation easements for 200 acres of stream buffer zone 
as additional injunctive relief.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Massey 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either emailed 
to [email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Massey Energy Company, et. al., D.J. Ref. 90-5-1-1-
08470.
    The Massey Consent Decree may be examined at the Office of the 
United States Attorney, 300 Virginia Street, East, Charleston, WV 
25301, at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103, 
and at U.S. EPA Region 4, 61 Forsyth Street, SW, Atlanta, GA 30303. 
During the public comment period, the Massey Consent Decree, may also 
be examined on the following Department of Justice Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Massey Consent 
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 $12.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that

[[Page 5872]]

amount to the Consent Decree Library at the stated address.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 08-411 Filed 1-30-08; 8:45 am]
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