[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Page 30459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13873]


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DEPARTMENT OF JUSTICE


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

    On June 21, 2018, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Hawaii in United States of America v. TWOL LLC et al., Civil Action 
No. 1:18-cv-00242.
    The complaint in this Clean Water Act (``CWA'') case was filed 
against the defendants concurrently with the lodging of the consent 
decree. The complaint alleges that Defendants TWOL LLC, Loi Chi Hang, 
and Nguyen Ngoc Tran are each liable for civil penalties stemming from 
violations of the CWA, 33 U.S.C. 1321, aboard the Honolulu-based 
commercial fishing vessel Pacific Dragon f/k/a Elizabeth. The United 
States' allegations address discharges of oily waste from the vessel's 
bilge while fishing for tuna off the Hawaiian coast and violations of 
the United States Coast Guard's pollution control regulations, 
including failure to provide sufficient capacity to retain oily bilge 
water on board the vessel. The complaint seeks civil penalties from 
TWOL LLC, Mr. Hang, and Mr. Tran, along with injunctive relief from the 
same defendants and Defendant LNK Fishery LLC. TWOL LLC was the owner 
of the Pacific Dragon f/k/a Elizabeth when the alleged CWA violations 
occurred, and LNK Fishery LLC is the current owner of the vessel. Mr. 
Hang and Mr. Tran are managing members of both companies.
    Under the proposed consent decree, the defendants will perform 
corrective measures to remedy the violations and prevent future 
violations, including: (1) Repairing the vessel to reduce the quantity 
of oily waste generated during a fishing voyage; (2) providing 
crewmembers with training on the proper handling of oily wastes; (3) 
documenting proper oily waste management and disposal after returning 
to port; and (4) submitting compliance reports to the Coast Guard and 
to the Department of Justice.
    The consent decree also requires TWOL LLC, Mr. Hang, and Mr. Tran 
to each pay a civil penalty. The penalty amounts were set after 
considering each defendant's limited ability to pay a higher penalty, 
as demonstrated through documentation submitted to the United States 
and analyzed by a financial expert. TWOL LLC must pay a civil penalty 
of $1,000; Mr. Hang must pay a civil penalty of $8,000; and Mr. Tran 
must pay a civil penalty of $5,000. Under the terms of the CWA, the 
penalties paid for these discharges will be deposited in the federal 
Oil Spill Liability Trust Fund managed by the National Pollution Funds 
Center.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. TWOL LLC et al., D.J. 
Ref. No. 90-5-1-1-11818. 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 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 $15.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-13873 Filed 6-27-18; 8:45 am]
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