[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Page 11222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03517]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act and the Comprehensive Environmental Response, Compensation, 
and Liability Act

    On February 11, 2013, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Middle 
District of Florida in the lawsuit entitled United States, State of 
Florida Department of Environmental Protection, and Herschel T. 
Vinyard, Jr. v. Mosaic Fertilizer, LLC, Civil Action No. 8:13-cv-386-T-
26TGW.
    The consent decree would resolve claims under the Clean Water Act 
and the Comprehensive Environmental Response, Compensation, and 
Liability Act, as well as Florida law, addressing natural resource 
damage resulting from a spill at a facility owned and operated by 
Mosaic Fertilizer, LLC (``Mosaic''). Mosaic owns and operates a 
phosphoric acid/fertilizer production facility in Riverview, Florida. 
Mosaic released hazardous acidic process water at and from the gypsum 
stack at its Riverview facility in 2004 over a two-day period. The 
release entered several swales on Mosaic's property, flowing into South 
Archie Creek Canal, and eventually to Hillsborough Bay and Tampa Bay. 
Federal and state natural resource trustees seek damages to compensate 
for and restore injured natural resources.
    The consent decree would resolve the natural resource damages 
claims through restoration and reimbursement of assessment costs. The 
consent decree would require Mosaic to perform restoration projects 
enhancing current wetlands by removing invasive plant species, re-
establishing historic tidal flows, and creating an oyster habitat, in 
addition to executing conservation easements for the protection of 
approximately 103.76 acres of habitat adjacent to Mosaic's release 
area. In addition to performing restoration projects, Mosaic would pay 
past and future assessment costs of the trustees and the Hillsborough 
County Environmental Protection Commission in connection with Mosaic's 
release.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Mosaic Fertilizer, LLC, D.J. Ref. No. 
90-5-1-1-08961. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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            To submit comments:                     Send them to:
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By email..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $41.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-03517 Filed 2-14-13; 8:45 am]
BILLING CODE 4410-15-P