[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Notices]
[Pages 55861-55862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22272]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Oil Pollution Act 
of 1990 (``OPA'')

    Notice is hereby given that on September 4, 2012, a proposed 
Consent Decree in United States et al. v. Evergreen International, 
S.A., Civil Action No. 2:12-cv-02532-RMG, was lodged with the United 
States District Court for the District of South Carolina.
    The Consent Decree resolves claims brought by the United States, on 
behalf of the United States Department of the Interior, acting through 
the United States Fish and Wildlife Service, and the National Oceanic 
and Atmospheric Administration, against Evergreen International, S.A. 
under Section 1002 of OPA, 33 U.S.C. 2702. The Consent Decree also 
resolves claims brought by the South Carolina Department of Health and 
Environmental Control and the South Carolina Department of Natural 
Resources (collectively, the ``State Trustees'') against Evergreen 
International under Section 1002 of OPA and Section 48-1-90 of the 
South Carolina Pollution Control Act, S.C. Code Ann. Sec.  48-1-90. In 
their joint complaint, filed concurrently with the Consent Decree, the 
United States and the State Trustees sought damages in order to 
compensate for natural resources injured by the discharge of fuel oil 
from the vessel M/V EVER REACH into the Cooper River and nearby areas 
in Charleston Harbor, South Carolina, in September 2002, along with the 
recovery of costs incurred in assessing such damages.
    Under the Consent Decree, the owner of the vessel, Evergreen 
International, will perform a compensatory marsh restoration project 
along Noisette Creek in North Charleston, South Carolina; pay $121,000 
in monetary damages; and pay $820,685.27 in past assessment costs and 
all future assessment and oversight costs incurred by the United States 
and the State Trustees.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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 et al. v. Evergreen International, S.A., D.J. Ref. No. 
90-5-1-1-08592.
    During the public comment period, the 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 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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. If requesting a copy from the Consent Decree 
Library by mail, please enclose a check in the

[[Page 55862]]

amount of $17.75 (25 cents per page reproduction cost), payable to the 
U.S. Treasury or, if requesting by email or fax, forward a check in 
that amount to the Consent Decree Library at the address given above.

 Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-22272 Filed 9-10-12; 8:45 am]
BILLING CODE 4410-15-P