[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43618-43619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17954]


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DEPARTMENT OF JUSTICE


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

    On August 9, 2019, 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. 
Rafael et al., Civil Action No. 1:19-cv-10617.
    The Complaint in this Clean Water Act case was filed against the

[[Page 43619]]

defendants on April 2, 2019. The Complaint alleges that the defendants, 
New Bedford, Massachusetts-based Vila Nova do Corvo II, Inc., company 
managers Carlos Rafael and Stephanie Rafael DeMello, and vessel captain 
Carlos Pereira, are civilly liable for violations of Section 311 of the 
Clean Water Act, 33 U.S.C. 1321. The Complaint alleges that the company 
and individuals are liable for violations related to the commercial 
fishing vessel Vila Nova do Corvo II's operations in coastal waters off 
of southeastern New England. The Complaint addresses discharges of oily 
bilge waste and used oil filters from the vessel while at sea 
harvesting scallops. The Complaint also includes Clean Water Act claims 
for violations of the Coast Guard's pollution control regulations 
related to the defendants' operation of the vessel. The violations were 
discovered by the Coast Guard during boarding operations.
    Under the proposed Consent Decree, the defendants will pay a total 
of $511,000 as civil penalties and perform corrective and compliance 
assurance measures. The defendants will be required, among other 
things, to repair the vessel to reduce the generation of oily bilge 
water, operate within the vessel's 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 vessel, including documenting 
proper disposal of engine room bilge water at a shore reception 
facility, and submit compliance reports.
    The penalties paid in this case will be deposited in the federal 
Oil Spill Liability Trust Fund managed by the National Pollution Funds 
Center. The Oil Spill Liability Trust Fund is used to pay for federal 
response activities and to compensate for damages when there is a 
discharge or substantial threat of discharge of oil or hazardous 
substances to waters of the United States or adjoining shorelines.
    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. Rafael et al., D.J. 
Ref. No. 90-5-1-1-12051. 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:

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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 $11.75 (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. 2019-17954 Filed 8-20-19; 8:45 am]
 BILLING CODE 4410-15-P