[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Page 35679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16087]



[[Page 35679]]

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DEPARTMENT OF JUSTICE


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

    On July 24, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of West Virginia in the lawsuit entitled United States and 
West Virginia v. CSX Transportation, Inc., Civil Action No. 2:18-cv-
01175.
    The Complaint alleges that Defendant CSX Transportation, Inc., 
violated the Clean Water Act, the West Virginia Water Pollution Control 
Act, and the West Virginia Groundwater Protection Act by discharging 
oil into Armstrong Creek and the Kanawha River after Defendant's train 
derailed in February 2015 near Mount Carbon, West Virginia. The Consent 
Decree resolves the alleged violations through a settlement package 
with two components. First, the Consent Decree requires Defendant to 
pay a total civil penalty of $2.2 million: $1.2 million to resolve the 
United States' claims, and $1 million to resolve West Virginia's 
claims. Second, Defendant must participate in a State supplemental 
environmental project (``State SEP'') to settle West Virginia's claims 
only. The State SEP requires Defendant to pay $500,000 into a State-
created and State-owned escrow account that the State will use to fund 
upgrades to the Kanawha Falls Public Service District water treatment 
facility in Fayette County, West Virginia.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and West Virginia v. CSX 
Transportation, Inc., Civil Action No. 2:18-cv-01175, DOJ number 90-5-
1-1-11264. 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 website: https://www.justice.gov/enrd/consent-decrees. 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 $5.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the signature pages, the cost is $4.25.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-16087 Filed 7-26-18; 8:45 am]
 BILLING CODE 4410-15-P