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, 28 CFR Sec. 50.7, please be

advised that a proposed Consent Decree was lodged on September 23,

1996, in United States v. Atlantic Refining and Marketing Co., Inc.,

and Sun Co., Inc., (R&M), C.A. No. 94-5482, with the United States

District Court for the Eastern District of Pennsylvania (``District

Court''). On the same date, the United States withdrew a proposed

consent decree for this case which had been lodged with the District

Court on September 22, 1994. See Notice of Lodging, 59 FR 48640.

The proposed consent decree addresses alleged violations of

Sections 301 and 402 of the Clean Water Act, 33 U.S.C. Secs. 1311 and

1342, which occurred at the Philadelphia, Pennsylvania oil refinery

owned by Atlantic Refining and operated by Sun Co., Inc., R&M. Both

entities are subsidiaries of Sun Company, Inc. Specifically, the

defendants allegedly violated several parameters of the National

Pollutant Discharge Elimination System (``NPDES'') permit for the

Philadelphia refinery. The parameters allegedly violated include those

for total suspended solids, oil and grease, total chromium, hexavelant

chromium, biochemical oxygen demand, phenolics, ammonia (as nitrogen),

zinc, and pH. The violations included eleven bypasses of untreated

water to the Schuylkill River.

The proposed consent decree requires defendants to undertake

extensive injunctive relief to ensure compliance with the NPDES permit,

to implement two supplemental environmental projects (``SEPs''), and to

pay a civil penalty of $600,000. The injunctive relief provisions of

the proposed decree include upgrading the refinery's wastewater

treatment plant, stormwater conveyance, and operating and maintenance

practices. The proposed consent decree also imposes substantial

stipulated penalties in the event of bypasses, violations of effluent

limitations, violations of monitoring, sampling and reporting

requirements, and delays in meeting the compliance schedule for the

injunctive requirements of the Decree. The SEPs will include (1)

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The rehabilitation of a rare freshwater tidal wetland in the Schuylkill

River (across the river from defendants' Philadelphia oil refinery) and

(2) the purchase of a hazardous materials response and command vehicle

to be housed in the vicinity of defendants' refinery and used for

emergency response by the City of Philadelphia. It is anticipated that

the SEPs will cost defendants in excess of $700,000 to complete.

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 v. Atlantic

Refining and Marketing Co., et al., DOJ Ref. #90-5-1-1-5056. The

proposed consent decree may be examined at the office of the United

States Attorney, 615 Chestnut Street, 13th Floor, Suite 1300,

Philadelphia, Pennsylvania 19106 and the Region III Office of the

Environmental Protection Agency, 841 Chestnut Building, Philadelphia,

Pennsylvania 19107. 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, (202) 624-0892. The

proposed decree contains 40 pages, without attachments. The attachments

constitute an additional 109 pages. To obtain a copy of the decree

without attachments, please enclose a check in the amount of $8.00 (25

cents per page reproduction costs). To obtain the decree including the

attachments, please enclose a check for $35.25. Please make the check

payable to the Consent Decree Library, and refer to the case by its

title and DOJ Ref. #90-5-1-1-5056.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-25029 Filed 9-27-96; 8:45 am]

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