Notice of Lodging of Consent Decree in Clean Water Act Enforcement Action

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree in Clean Water Act

Enforcement Action

In accordance with the Departmental Policy, 28 CFR 50.7, notice is

hereby given that a Consent Decree in United States v. Coastal Coal

Company, Inc. et al., Civil Action No. 2:98CV97 was lodged with the

United States District Court for the Northern District of West Virginia

on September 28, 1998. This Consent Decree resolves the United States'

claims against the named defendants under Section 309(b) and 309(d) of

the Clean Water Act, 33 U.S.C. Sec. 1319(b) and 1319(d), for

discharging pollutants in violation of a National Pollutant Discharge

Elimination System (``NPDES'') permit at the T & T Fuels Mine No. 2 in

Preston County, West Virginia. The Consent Decree requires Coastal Coal

Company, LLC and Coastal Coal Company--West Virginia, LLC to implement

a remediation project at the T & T Fuels Mine No. 2 site to abate

continuing discharges of acid mine drainage. The Consent Decree also

requires the Coastal companies to pay a civil penalty of $100,000 and

requires defendant FSS Holdings, Inc. to pay a civil penalty of

$10,000.

The Department of Justice will accept written comments on the

proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Please address comments to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044 and refer to

[[Page 55640]]

United States v. Coastal Coal Company, et al., DOJ No. 90-5-1-4287-1.

Copies of the proposed Consent Decree may be examined at the Office

of the United States Attorney, Northern District of West Virginia, 100

Main Street, Room 200, Wheeling, West Virginia 26003; EPA Region III,

1650 Arch Street, Philadelphia, PA 19103; 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 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. When requesting a copy of the

proposed Consent Decree, please enclose a check to cover the twenty-

five cents per page reproduction costs payable to the ``Consent Decree

Library'' in the amount of $10, and please reference United States v.

Coastal Coal Company, et al., DOJ No. 90-5-1-1-4287-1.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, U.S. Department of Justice.

[FR Doc. 98-27852 Filed 10-15-98; 8:45 am]

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