[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65403-65404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26077]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Oil Pollution Act 
of 1990

    Notice is hereby given that on October 28, 2008, a proposed consent 
decree in United States of America and the State of Kansas v. Magellan 
Ammonia Pipeline et al. Civil Action No. 08-cv-2532, was lodged with 
the United States District Court for the District of Kansas.
    The Complaint, filed by the Plaintiffs who are Trustees for natural 
resources, alleges that the Defendants are liable under Section 107 of 
the Comprehensive Environmental Response, Compensation, and Liability

[[Page 65404]]

Act (``CERCLA''), 42 U.S.C. 9607(a), and Section 311 of the Clean Water 
Act (``CWA''), 33 U.S.C. 1321, for damages for injury to, destruction 
of, or loss of natural resources in or near Kingman, Kansas, resulting 
from the release of anhydrous ammonia from a pipeline owned and 
operated by Defendants on or about October 27, 2004.
    In the Consent Decree, the Defendants have agreed to pay a total of 
$452,535 to the Trustees as Natural Resource Damages including past 
Natural Resource Damage Assessment costs. The Consent Decree also 
requires the Defendants to purchase a specified 160 acre parcel of 
property with natural resources equivalent to those injured, lost and 
destroyed by the ammonia release and transfer it to the Wichita State 
University Foundation, a non profit that will use the property for 
biological research and preserve it in perpetuity.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611. In either case, the 
comments should refer to United States of America, The State of Kansas 
v. Magellan Ammonia Pipeline, et al., Civil Action No. 08-cv-2532 Ref. 
No. 90-5-1-1-06074/3.
    During the comment period, the Consent Decree may be examined on 
the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also be 
examined at the Office of the United States Attorney, Western District 
of Washington, 700 Stewart Street Suite 5220, Seattle, WA 98101-1271 
(206) 553-7970. A copy of the 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 $13 (25 
cents per page reproduction cost) payable to the United States Treasury 
or, if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources.
[FR Doc. E8-26077 Filed 10-31-08; 8:45 am]
BILLING CODE 4410-15-P