Notice of Lodging of Consent Decree Under Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under Clean Water Act

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

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

Valley Mining, Inc., C.A. No. 5:97-0763, was lodged on October 22,

1998, with the United States District Court for the Southern District

of West Virginia. The United States' Complaint alleges that Coal Valley

operated the old mine refuse area site, near Whitby, Raleigh County,

West Virginia (``Site''). Further, the Complaint alleges that Coal

Valley in operation of the Site violated the clean Water Act and its

National Pollutant Discharge Elimination System (``NPDES'') Permit by

discharging pollutants into the navigable waters of the United States.

The consent decree resolves the United States' claims for civil

penalties and injunctive relief, pursuant to the Clean Water Act, 33

U.S.C. Secs. 1251 et seq. Under the consent decree, the defendant must

maintain compliance with its NPDES Permit and will pay a civil penalty

of $20,000 to the United States within thirty days after entry of the

consent decree by the Court. Upon the completion of reclamation

activities at the Site, Coal Valley is required to pay an additional

cash penalty if bond funds posted with the State of West Virginia are

released to Coal Valley.

The United States filed a related case, Civil Action Number 5:97-

0762, against the Ridgeway Development Corporation, which operated a

mine site, and Coal Valley sub-leased the mineral and surface rights of

such mine to Ridgeway. Ridgeway violated the Clean Water Act and its

NPDES Permit in operating the mine, and Coal Valley was named as a

defendant in the Ridgeway case. The consent decree resolves the United

States' claims against Coal Valley for civil penalties and injunctive

relief in this related case.

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,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Coal Valley Mining, Inc., DOJ Reference No. 90-5-2-1-

2093.

The proposed consent decree may be examined at the office of the

United States Attorney, room 4000, 300 Virginia Street-East,

Charleston, West Virginia 25301; the Region III Office of the

Environmental Protection Agency, 1650 Arch Street, Philadelphia,

Pennsylvania 19103-2029; and the Consent Decree Library, 1120 G Street,

N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the

proposed 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.

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

check in the amount of $6.75 (.25 cents per page production costs),

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-29706 Filed 11-5-98; 8:45 am]

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