Notice of Lodging of Consent Decree Pursuant to the Clean Water Act, the Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act, the Emergency Planning and Community Right-to-Know Act, and the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice

is hereby given that a consent decree was lodged in United States v.

Chevron Industries Inc., Civil Action No. C98-3966-MEJ (N.D. Cal.), on

October 15, 1998, with the United States District Court for the

Northern District of California.

The case, regarding Chevron's refinery in Richmond, California, is

a civil action under Section 309 of the Clean Water Act (``Act''), 33

U.S.C. 1319, for violations of provisions of the Act and of National

Pollution Elimination Discharge System (``NPDES'') permits issued in

1987 and 1992. The United States' compliant alleges that Chevron

violated the permits' `no bypass' provisions by routing wastewater

around a granular activated carbon facility (``GAC Facility''), and

that Chevron violated the permits' acute toxicity limits. The complaint

also alleges that Chevron failed to make certain reports and give

certain notices required by the Comprehensive Environmental Response,

Compensation, and Liability Act, 42 U.S.C. 9601-9765 and the Emergency

Planning and Community Right-to-Know Act, 42 U.S.C. 11001-11050.

The Consent Decree requires Chevron to pay a penalty of $540,000.

The Consent Decree also requires Chevron to increase the design

capacity of its GAC Facility to 20 million gallons (``MGD'') a day, and

to use that capacity to treat refinery wastewater, except for 3 MGD,

which may be treated in an artificial wetland as long as the wetland

effluent meets toxicity standards established in the Decree.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments on the proposed

consent decree. Comments should be addressed to the Assistant Attorney

General for the Environmental and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and copied to Robert R.

Klotz, Environmental Enforcement Section, U.S. Department of Justice,

301 Howard Street, Suite 870, San Francisco, CA 94105. Comments should

refer to United States v. Chevron Industries Inc., Civil No. C98-3966-

MEJ and DOJ No. 90-11-3-1398.

The proposed Chevron (Richmond) consent decree may be examined at

the office of the United States Attorney, Northern District of

California, 450 Golden Gate Avenue, San Francisco, California 94102;

and at the Consent Decree Library, 1120 G Street, N.W., 3rd 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. 3rd Floor, Washington, D.C. 20005. To

request a copy of the consent decree in United States v.Chevron

Industries Inc., please refer to that case title, Civil No. C98-3966-

MEJ, DOJ No. 90-11-3-1398, and enclose a check for the amount of $10.75

(25 cents per page reproduction cost) payable to the Consent Decree

Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-29202 Filed 10-30-98; 8:45 am]

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