Notice of Lodging of Consent Decree Pursuant to the Clean Water Act and the Rivers and Harbors Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act and the Rivers and Harbors Act

In accordance with Departmental Policy, 28 CFR Sec. 50.7, notice is

hereby given that a consent decree in United States of America v. Fina

Oil and Chemical Company, Belaire Consulting Inc., Grace Drilling

Company, Brown Water Marine Service, Inc., and Loyd W. Richardson

Construction Corporation, No. H-93-0691 (S.D. Tex.) and United States

of America v. Fina Oil and Chemical Company, No. H-93-4012 (S.D. Tex.),

was lodged with the United States District Court for the Southern

District of Texas on February 20, 1997.

The proposed consent decree would resolve the United States

allegations in these two enforcement actions: (1) that the Defendants

have violated Section 301(a) of the Clean Water Act (``CWA''), 33

U.S.C. Sec. 1311(a), and Section 10 of the Rivers and Harbors Act

(``RHA''), 33 U.S.C. Sec. 403, by propwashing and otherwise damaging

approximately 37.5 acres of seagrass habitat in the Laguna Madre near

Corpus Christi, Texas; and (2) that Fina has violated Section 10 of the

RHA, 33 U.S.C. Sec. 403, by continuing to maintain a wellhead and

associated structures in the Laguna Madre after Fina's permit to do so

was revoked by the U.S. Army Corps of Engineers.

The proposed consent decree would: (1) require Fina to restore the

37 acres of seagrass meadows damaged during the installation of the

wellhead, (2) require Fina to create an additional 37 acres of seagrass

meadows to mitigate for the past lost ecological value of the damaged

seagrass meadows, (3) require the non-Fina Defendants to contribute

towards the cost of the restoration and mitigation projects, and (4)

require the Defendants to pay civil penalties totaling $2.28 million.

As part of this settlement, the Corps' revocation of Fina's RHA permit

would be vacated, and compliance with that permit would be enforceable

under this Consent Decree.

The Department of Justice will accept 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, Environment and Natural Resources Division,

U.S. Department of Justice, Attention: Scott J. Jordan, Environmental

Defense Section, P.O. Box 23986, Washington, DC 20026-3986, and should

refer to United States v. Fina Oil and Chemical Company, DJ Reference

No. 90-5-1-6-486.

The proposed consent decree may be examined at either the Clerk's

Office, United States District Court, Southern District of Texas, 515

Rusk Street, Houston, Texas 77002, or at the Consent Decree Library,

1120 G Street, NW., 4th Floor, Washington, DC 20005. Requests for a

copy of the consent decree may be mailed to the Consent Decree Library

at the above address, and must include a check in the amount of $12.75.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, U.S. Department of Justice.

[FR Doc. 97-5152 Filed 2-28-97; 8:45 am]

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