Notice of Lodging of Consent Decree, Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree, Pursuant to the Clean Water

Act

In accordance with Departmental policy and 28 CFR Sec. 50.7, notice

is hereby given that a proposed consent decree in United States of

America and Division of Water Resources, Department of Natural

Resources, State of West Virginia v. Rayle Coal Company, et al., Civil

Action No. 87-0085-W(K) consolidated with Rayle Coal Company, et al. v.

United States Environmental Protection Agency and Division of Water

Resources, Department of Natural Resources, State of West Virginia,

Civil Action No. 88-0094-W(K), was lodged on or about September 19,

1995, with the United States District Court for the Northern District

of West Virginia.

The proposed consent decree pertains to the United States' claims

pursuant to Sections 301 and 309 of the Clean Water Act (``CWA''), 33

U.S.C. Secs. 1311 and 1319, and the State of West Virginia's claims

pursuant to the West Virginia Water Pollution Control Act that the

Defendants discharged effluent from an abandoned coal mine refuse pile

on Defendants' property near Tridelphia, West Virginia into Storch's

Run, a tributary of Middle Wheeling Creek, without a permit. In the

Decree, the Defendants (specifically, Rayle Coal Company and Marietta

Coal Company) are required to expeditiously apply for an NPDES permit

for effluent discharged from their abandoned coal mine refuse pile into

Storch's Run. Further, the Defendants are required: (1) To pay a civil

penalty of $145,000 to the United States and the State of West

Virginia; (2) to comply with interim effluent limitations at a

specified discharge point until the Defendants' NPDES permit is final

for purposes of administrative or judicial appeal; (3) to restore

Storch's Run by cleaning treatment ponds, properly disposing of sludge

from the cleanup and maintenance of the wastewater treatment system, by

reclaiming all areas disturbed by restoration activities, and by

certifying that the design and construction of the dams used in the

treatment system meet appropriate state requirements; (4) to monitor

and report compliance with the terms of the Consent Decree; (5) to pay

stipulated penalties for failing to comply (a) with any interim

effluent limitation, monitoring or reporting requirement in the Consent

Decree, or (b) with effluent limitations set forth in the Defendants'

NPDES permit for a six month compliance period.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States of America and Division of Water Resources, Department of

Natural Resources, State of West Virginia v. Rayle Coal Company, et

al., DOJ Ref. #90-5-1-1-2826.

The proposed consent decree may be examined at the Office of the

United States Attorney, 1100 Main Street, Suite 200, Wheeling, West

Virginia; the Region III Office of the Environmental Protection Agency,

841 Chestnut Building, Philadelphia, Pennsylvania 19107; and at the

Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC

20005, (202) 624-0892. A copy of the proposed consent decree may be

obtained in person or by mail from the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005. In requesting a copy of

the body of the proposed decree, please refer to the referenced case

and enclose a check in the amount of $10.25 (25 cents per page

reproduction costs), for each copy. The check should be made payable to

the Consent Decree Library.

Joel Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-24363 Filed 9-29-95; 8:45 am]

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