[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Page 22103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10047]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On May 7, 2018, the Department of Justice lodged a proposed Consent 
Decree with the United States District Court for the District of 
Massachusetts in the lawsuit entitled United States of America v. 
Challenge Fisheries LLC et al., Civil Action No. 1:18-cv-10899.
    The Complaint in this Clean Water Act case was filed against the 
defendants concurrently with the lodging of the proposed Consent 
Decree. The Complaint alleges that the defendants, Challenge Fisheries 
LLC, Charles Quinn Jr., Quinn Fisheries Inc., and Charles Quinn III, 
are civilly liable for violations of Section 311 of the Clean Water Act 
(``CWA''), 33 U.S.C. 1321. The Complaint alleges that the companies and 
individuals are liable for violations related to the commercial fishing 
vessel Challenge's operations in New Bedford Harbor and in coastal 
waters off of southeastern New England. The Complaint addresses 
discharges of oily bilge waste from the vessel while in port and at sea 
harvesting scallops, and the release of approximately 100 barrels of 
fuel oil in connection with the illegal overboard pumping of oily bilge 
water in August 2017. The Complaint also includes a Clean Water Act 
claim for violations of the Coast Guard's pollution control regulation 
related to the defendants' failure to provide sufficient capacity to 
retain all oily bilge water onboard the vessel. The United States seeks 
civil penalties and injunctive relief to deter future violations by the 
defendants and others in the industry.
    Under the proposed Consent Decree, the defendants will pay a total 
of $414,000 as civil penalties and perform corrective measures across a 
fleet of five commercial fishing vessels. The defendants will be 
required, among other things, to repair the vessels to reduce the 
generation of oily bilge water, operate within the vessels' capacity to 
retain oily bilge for the full length of planned voyages, provide crew 
and management training on the proper handling of oily wastes, document 
all oil and oily waste transfers on and off of the vessels, including 
documenting proper disposal of engine room bilge water at a shore 
reception facility, and submit compliance reports.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. Challenge Fisheries LLC 
et al., D.J. Ref. No. 90-5-1-1-11901. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted by either email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Acting Assistant Attorney General,
                                       U.S. DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $13.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-10047 Filed 5-10-18; 8:45 am]
 BILLING CODE 4410-15-P