[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Page 29097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13333]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Joint Stipulation, Settlement 
Agreement, Order, and Final Judgment Under the Oil Pollution Act and 
the Clean Water Act

    On June 19, 2017, the Department of Justice lodged a proposed 
Stipulation, Settlement Agreement, Order, and Final Judgment 
(``Stipulation'') with the United States District Court for the 
District of Connecticut in the lawsuit entitled Evergreen Power, LLC 
and Asnat Realty, LLC v. United States, et al., Civil Action No. 3:14-
cv-01537-WWE.
    The Stipulation resolves the claims that Evergreen Power, LLC 
(``Evergreen'') and Asnat Realty, LLC (``Asnat'') filed against the 
United States, the U.S. Coast Guard, and Captain E.J. Cubanski, III; 
and the claims that the United States filed against Asnat, Evergreen, 
Uri Kaufman, and Ira Schwartz (collectively the Counterclaim 
Defendants''). The United States' Counterclaim seeks to impose civil 
penalties for violations of Section 311 of the Clean Water Act and to 
recover, under the Oil Pollution Act, removal costs incurred by the 
United States in connection with a 2014 response action at the English 
Station site at 510 Grand Avenue, New Haven, Connecticut. The 
Stipulation requires Asnat and Evergreen to pay $454,000 to fully 
reimburse the United States' oil removal costs, with interest, plus a 
$246,000 civil penalty. Under the Stipulation, the United States and 
the Counterclaim Defendants will dismiss their claims and provide 
mutual releases of liability, and the Counterclaim Defendants covenant 
not to sue or assert any claims against the United States in connection 
with the 2014 response action.
    The publication of this notice opens a period for public comment on 
the Stipulation. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to Evergreen Power, LLC and Asnat Realty, LLC v. United States, et al., 
D.J. Ref. No. 90-5-1-1-11228. 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 Stipulation may be examined 
and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Stipulation 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 $2.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-13333 Filed 6-26-17; 8:45 am]
 BILLING CODE 4410-15-P