Notice of Lodging of Consent Decree Pursuant to Clean Water Act and Oil Pollution Act of 1990

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Clean Water Act

and Oil Pollution Act of 1990

In accordance with United States Department of Justice policy, as

set out in 28 CFR 50.7, notice is hereby given of the lodging on March

25, 1998 of a proposed Consent Decree in United States, et al. v.

Texaco Refining and Marketing, Inc., Civil Action No. C98-0371 (W.D.

Wash.).

The proposed Decree resolves claims by Natural Resources Trustees

of the United States Department of the Interior, the State of

Washington, the Lummi Nation, the Nooksack Tribe, the Swinomish Indian

Tribal Community and the Suquamish Tribe for Natural Resource Damages

arising out of discharges of oil by Texaco Refining and Marketing, Inc.

in 1991 and 1992 from its facility near Anacortes, Washington into the

waters of the United States and the adjoining shoreline at Fidalgo Bay

in violation of the Clean Water Act (CWA), 33 U.S.C. 1251, et seq., as

amended by the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701, et

seq., and OPA itself.

The same discharges were the subject of an earlier judicial action

by the United States captioned United States v. Texaco Refining and

Marketing, Inc., Civil Action No. C93-181C, (W.D. Wash.) and

administrative proceedings by the State of Washington which were

resolved through a clean-up by Texaco; the payment of $500,000 in civil

and administrative penalties; and actions to prevent future discharges.

Under the current Decree, Texaco will pay an additional $500,000 to

undertake projects to restore natural resources and reimburse

assessment costs.

The United States Department of Justice will receive comments on

the proposed Decree for a period of thirty days after publication.

Comments should be addressed to the Assistant Attorney General of the

Environment and Natural Resources Division, United States Department of

Justice, Washington, D.C., 20530 and should reference United States, et

al. v. Texaco Refining and Marketing Inc., DJ Ref. #90-5-1-1-3766A.

The proposed Decree may be examined at the offices of the United

States Attorney for the Western District of Washington, 3600 Seafirst

Plaza, 800--5th Avenue, Seattle, Washington 98104; the Office of the

Attorney General for the State of Washington, Ecology Division, 629

Woodland Square Loop SE, 4th Floor, Lacey, Washington 98503; or the

United States Department of Justice Consent Decree Library, 1120 F

Street, N.W., 4th Floor, Washington, D.C. 20005 (202-624-0892). If

requesting copies from the Department of Justice Consent Decree

Library, please enclose a check in the amount of $13.00 (twenty-five

cents per page reproduction cost) payable to the Consent Decree Library

and refer to United States, et al. v. Texaco Refining and Marketing

Inc., DJ Ref. #90-5-1-1-3766A.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-9449 Filed 4-9-98; 8:45 am]

BILLING CODE 4410-15-M