[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12369-12370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5017]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on March 1, 2011, a proposed consent 
decree in United States, et al. v. Arch Coal, Inc., et al., Civil 
Action No. 2:11-cv-00133, was lodged with the United States District 
Court for the Southern District of West Virginia.
    The proposed Consent Decree will resolve claims alleged in this 
action by the United States, the State of West Virginia, and the 
Commonwealth of Kentucky against Arch Coal, Inc. and four of its 
subsidiaries (collectively, ``Arch'') for the discharge of pollutants 
into waters of the United States in violation of Section 301 of the 
Act, 33 U.S.C. 1311, and in violation of the conditions and limitations 
of National Pollutant Discharge Elimination System (``NPDES'') permits 
issued by the States pursuant to Section 402 of the Act, 33 U.S.C. 
1342, W. Va. Code Sec.  22-11-8, and Ky. Rev. Stat. Ann. Sec.  224.70-
120. Under the proposed Consent Decree, Defendants will perform 
injunctive relief including: hiring a third-party consultant to develop 
and implement a compliance management system, creating a database to 
track information relevant to compliance efforts, conducting regular 
internal and third-party environmental compliance audits, implementing 
a system of tiered

[[Page 12370]]

response actions for any potential future violations, and conducting 
annual training for all employees and contractors with environmental 
responsibilities and/or responsibilities under the consent decree. In 
addition, Arch will pay a civil penalty of $4 million.
    The Department of Justice will accept comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of publication of this notice. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and mailed either electronically to [email protected] or in 
hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611. Comments should refer to United States, et al. v. Arch 
Coal, Inc., et al., Civil No. 2:11-cv-00133 (S.D.W.Va.) and D.J. 
Reference No. 90-5-1-1-09476/1.
    The proposed consent decree may be examined at: (1) The Office of 
the United States Attorney for the Southern District of West Virginia, 
P.O. Box 1713, Charleston, WV 25326; and (2) United States 
Environmental Protection Agency (Region 3), 1650 Arch Street, 
Philadelphia, PA 19103. During the comment period, the proposed consent 
decree may also be examined on the following Department of Justice Web 
site: http://www.justice.gov/enrd/Consent_Decrees.html.
    A copy of the proposed consent decree may also be obtained by mail 
from the Department of Justice Consent Decree Library, P.O. Box 7611, 
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 refer to the referenced case and D.J. 
Reference 90-5-1-1-09476/1, and enclose a check in the amount of $22.50 
for the consent decree (90 pages at 25 cents per page reproduction 
costs), made payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. 2011-5017 Filed 3-4-11; 8:45 am]
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