Notice of Lodging of Consent Decree Under the Clean Water Act, Oil Pollution Act, and the National Marine Sanctuaries Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Water Act,

Oil Pollution Act, and the National Marine Sanctuaries Act

Notice is hereby given that on September 27, 1999, a proposed

Consent Decree in United States v. Pearl Shipping Company, et al.,

Civil Action No. 994359SBA was lodged with the United States District

Court for the Northern District of California.

In this action, the United States sought Civil penalties, response

costs, and natural resource damages for discharges of oil from the

tanker vessel M/T Command into the San Francisco Bay and the Pacific

Ocean. The M/T Command is owned by defendant Pearl Shipping Company and

operated by defendant Anax International Agencies, Inc. The State of

Calfironia is also a co-plaintiff with the United States and has

brought claims for civil penalties, natural resource damages, response

costs, and other damages. The Consent Decree resolves the claims of the

United States and the State of California. Under the Decree, the

defendants will pay $4.05 million in natural resource damages,

including damage assessment costs, under the Clean Water Act, 33 U.S.C.

1321, the Oil Pollution Act, 33 U.S.C. 2702, 2706, and National Marine

Sanctuaries Act, 16 U.S.C. 1443; $196,200 in civil penalties for

violations of the National Marine Sanctuaries Act, 16 U.S.C. 1437;

$1,181,800 in civil penalties, response costs, and other damages to the

State of California; and $90,000 to the County of San Mateo to settle

claims of the County. The Consent Decree also includes a fleet-wide

Corporate Compliance Program to be implemented by the defendants to

prevent future spills.

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

days from the date of this publication comments relating to the Consent

Decree. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, DC 20530, and should refer to Untied States v.

Pearl Shipping Company, et al., D.J. Ref. No. 90-5-1-1-06455.

The Consent Decree may be examined at the Office of the United

States Attorney, Northern District of California, 450 Golden Gate

Avenue, 11th Floor, San Francisco, California 94102, (415) 436-7200,

and at the Consent Decree Library, 1425 New York Avenue, 13th Floor,

Washington, DC 20005, (202) 514-1547. A copy of the Consent Decree may

also be obtained by mail from the Consent Decree Library, P.O. Box

7611, Washington, DC 20044-7611. In requesting a copy, please enclose a

check in the amount of $7.00 (25 cents per page reproduction cost)

payable to the Consent Decree Library.

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 99-26178 Filed 10-6-99; 8:45 am]

BILLING CODE 4410-15-M