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, notice is

hereby given that a proposed consent decree in United States v. Eureka

Pipe Line Company, et al., Civil Action No. 6:96-0282, was lodged on

February 26, 1997 with the United States District court for the

Southern District of West Virginia.

The action sought civil penalties and injunctive relief against

Eureka Pipe Line Company and Pennzoil Products Company under the Clean

Water Act (``CWA''), 33 U.S.C. 1251 et seq., as amended by the Oil

Pollution Act of 1990 (``OPA''). The United States alleged that the

Defendants have violated the Clean Water Act, 33 U.S.C. Sec. 1251 et

seq., as amended by OPA, by discharging oil in harmful quantities into

navigable waters of the United States and adjoining shorelines.

Under the proposed consent decree, the Defendants will pay $867,000

in civil penalties (Eureka: $440,000; Pennzoil: $427,000), and Pennzoil

has agreed to perform a set of injunctive relief measures, including,

the removal of 19-miles of pipelines from active service, the pressure

testing of all of its active pipelines for detection of corrosion-

related problems, the performance of a comprehensive and continual

visual inspection program of its active oil production operations, and

the formation of a review committee to study and redress its pipeline

corrosion problems, with respect to its West Virginia operations.

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,

U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Washington,

D.C. 20530-0001 and should refer to United States

[[Page 11224]]

v. Eureka Pipe Line Company, et al. Corp., DOJ Ref. Nos. 90-5-1-1-4206

and 90-5-1-1-4270.

The proposed consent decrees may be examined at the United States

Attorney's Office, Southern District of West Virginia, 500 Quarrier

Street, Suite 3201, Charleston, West Virginia 25301; Region III Office

of the Environmental Protection Agency, 841 Chestnut Street,

Philadelphia, Pennsylvania 19107-4431; and at the Consent Decree

Library, 1120 ``G'' Street, N.W., 4th Floor, Washington, D.C. 20005,

(202) 624-0892. A copy of the proposed decrees may be obtained in

person or by mail from the Consent Decree Library at the address listed

above. In requesting a copy, please refer to the referenced case and

numbers, and enclose a check in the amount of $31.25 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-5923 Filed 3-10-97; 8:45 am]

BILLING CODE 4410-15-M