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

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A96-25029

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** September 30, 1996
- **Citation:** 61 FR 51129

## Text

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)

[[Page 51130]]

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]
BILLING CODE 4410-01-M

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-25029. Public record. Not legal advice.