[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47411-47412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18812]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act, 
Emergency Planning and Community Right-to-Know Act, and Oil Pollution 
Act

    Notice is hereby given that on July 31, 2013, a proposed Consent 
Decree in United States v. Delta Fuels, Inc. and Knight Enterprises, 
Inc., Civil Action No. 3:13-CV-00455, was lodged with the United States 
District Court for the Northern District of Ohio.
    In this action, the United States brought claims against Delta 
Fuels, Inc. and Knight Enterprises, Inc. (``Defendants'') alleging 
violations of Sections 311(c) and (j) of the Clean Water Act (``CWA''), 
33 U.S.C. 1321(c) and (j); Section 312(a) of the Emergency Planning and 
Community Right-To-Know Act of 1986 (``EPCRA''), 42 U.S.C. 11022(a); 
and Section 1002(a) of the Oil Pollution Act, 33 U.S.C. 2702(a). The 
allegations in the Complaint relate to a November 25, 2005 overflow of 
approximately 103,000 gallons of gasoline (the ``Spill'') from an 
aboveground storage tank at a bulk petroleum storage and distribution 
facility (the ``Facility'') owned by Delta Fuels, Inc. The United 
States spent approximately $4,354,768 from the Oil Spill Liability 
Trust Fund responding to the Spill. In the Complaint, the United States 
sought reimbursement of these response costs as well as a civil penalty 
for alleged CWA and EPCRA violations.
    The proposed Consent Decree resolves all pending claims against 
Defendants in this action on an ability-to-pay basis. Under the terms 
of the proposed Consent Decree, Defendants will reimburse the United 
States $1,747,500 plus interest in four annual installments. Defendants 
will also pay a civil penalty of $582,500 plus interest in two 
installments. Finally, Defendants will conduct extensive injunctive 
relief at the Facility designed to ensure environmental compliance.
    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 Acting Assistant Attorney 
General, Environment and Natural Resources Division, and either emailed 
to [email protected] or mailed to P.O. Box 7611, U.S.

[[Page 47412]]

Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Delta Fuels, Inc. and Knight Enterprises, Inc., Civil 
Action No. 3:13-CV-00455 (N.D. Ohio), D.J. Ref. No. 90-5-1-1-09158.
    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 $14.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-18812 Filed 8-2-13; 8:45 am]
BILLING CODE 4410-15-P