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

Notice is hereby given that on April 17, 1998, a proposed Consent

Decree was lodged with the United States District Court for the

District of Kansas in United States v. Texaco Pipeline, Inc., et al.,

Civ. No. 96-2152-GTV (D. Kan.). The proposed Consent Decree settles

claims asserted by the United States at the request of the United

States Environmental Protection Agency (``EPA'') in an action

originally filed on April 1, 1996. The United States filed this action

pursuant to the Federal Water Pollution Control Act, commonly referred

to as the Clean Water Act (``CWA'' or ``Act''), 33 U.S.C. Secs. 1251 et

seq. The complaint requested the assessment of civil penalties and

injunctive relief against defendants Texaco Pipeline, Inc. (``Texaco

Pipeline'') and Texaco Trading and Transportation, Inc. (``Texaco

Trading'') for discharges of oil into navigable waters of the United

States or adjoining shorelines in violation of Sections 301 and 311 of

the CWA, 33 U.S.C. 1311 and 1321. These discharges took place from the

defendants' pipeline systems in the State of Kansas.

Under the proposed Consent Decree, the defendants' collectively

will pay to the United States a $925,000 civil penalty. In addition,

Texaco Trading shall purge and permanently remove from service

specified portions of its pipeline system. The defendants also shall

undertake additional injunctive relief which includes the lowering of

pipeline, improved maintenance of pipeline, and inspection of pipeline

within the State of Kansas.

The Department of Justice will receive 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 of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, D.C. 20530, and

should refer to United States v. Texaco Pipeline Inc., et al., DOJ #90-

5-1-1-4272. The proposed Consent Decree may be examined at the EPA

Region 7 Office at 726 Minnesota Ave., Kansas City, KS 66101. A copy of

the proposed Consent Decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005 (202) 624-0892. In requesting a copy, please enclose a check

in the amount of $8.00 (25 cents per page) payable to the ``Consent

Decree Library''.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-12630 Filed 5-12-98; 8:45 am]

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