Notice of Lodging of Consent Decree Pursuant to the Oil Pollution Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Oil Pollution

Act

In accordance with Department of Justice Policy, 28 C.F.R.

Sec. 50.7, 38 Fed. Reg. 19029, notice is hereby given that on October

14, 1994, a complaint was filed and proposed consent decree was lodged

with the United States District Court for the Western District of

Washington in United States v. Maruha Corp., et al., Civil No. 94-1537.

The proposed consent decree settles claims asserted by the United

States at the request of the United States Coast Guard, National

Oceanic and Atmospheric Administration and Department of the Interior,

and by the State of Washington and Makah Indian Tribe, for an oil spill

off the coast of Washington in July 1991. The defendants are Maruha

Corp., Japan Ship Owners' Mutual Protection & Indemnity Association,

Tianjin Ocean Shipping Company, China Ocean Shipping Company, United

Kingdom Mutual Steam Ship Assurance Association (Bermuda) Ltd. and the

M/V TUO HAI.

In the complaint, the United States, State of Washington and Makah

Indian Tribe asserted claims against the defendants pursuant to

sections 1002 and 1015 of the Oil Pollution Act, 33 U.S.C.

Sec. Sec. 2702 and 2715, as well as the maritime tort law, for recovery

of cleanup costs and natural resource damages. The United States also

sought a civil penalty under section 311(b) of the Clean Water Act, 33

U.S.C. Sec. 1321(b). The State of Washington asserted claims under Ch.

90.48 and 90.56 RCW for cleanup costs, injury to resources of the State

and civil penalties.

Pursuant to the consent decree, the settling defendants have agreed

to pay $9 million to the plaintiffs. The U.S. Coast Guard will receive

$3 million in reimbursement of cleanup costs and a $500,000 civil

penalty. The United States, State of Washington and Makah Indian Tribe

will receive over $5.5 million for natural resource damages and

reimbursement of damage assessment costs.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, DC 20530, and should

refer to United States v. Maruha Corp., et al., D.J. Ref. No. 90-11-3-

829.

A copy of the Consent Decree may be obtained in person or by mail

from the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005, (202) 624-0892. In requesting copies, please

enclose a check in the amount of $8.25 (25 cents per page reproduction

cost) payable to the ``Consent Decree Library.''

Bruce Gelber,

Acting Chief, Environment & Natural Resources Divison.

[FR Doc. 94-27338 Filed 11-3-94; 8:45 am]

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