Notice of Consent Decree Pursuant to the Federal Water Pollution Control Act State Law

DEPARTMENT OF JUSTICE

Notice of Consent Decree Pursuant to the Federal Water Pollution

Control Act State Law

In accordance with Departmental Policy, 28 CFR 50.7, 38 FR 19029,

notice is hereby given that a proposed Consent Decree in In Re Montauk

Oil Transportation Corp., Civil Action Number 90 Civ. 502 (KMW), DOJ

#90-5-1-1-3918, was lodged in the United States District court for the

Southern District of New York on January 26, 1999. The consent Decree

resolves the liability of Montauk, certain, shareholders of Montauk,

Bouchard Transportation Co., Inc., and Northeast Petroleum under

Sections 309 and 311 of the Federal Water Pollution Control Act, 33

U.S.C. Secs. 1319 and 1321 and state laws relating to the March 6, 1990

oil spill in the New York harbor.

Under the Consent Decree Montauk agrees to a judgment against

Montauk of $1.35 million and the United States, the States of New York

and New Jersey, and the City of New York, jointly will receive a total

of $500,000 in natural resource damages from Montauk and certain

Montauk shareholders. New Jersey will receive an additional $50,000

from Bouchard Transportation Co., Inc. pursuant to New Jersey law. The

United States will also receive a penalty payment of $25,000 for

violation of the Federal Water Pollution Control Act. The Consent

Decree specifies that it is an enforceable judgment against Montauk

thereby permitting the Governments to pursue additional Montauk

shareholders who did not participate in this settlement.

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

days from the date of this publication, written 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 In Re Montauk Oil Transportation, DOJ #90-5-1-1-3918.

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

United States Attorney, Southern District of New Jersey, 100 Church

Street, 19th Floor, New York, New York; and at the Consent Decree

Library, 1120 G Street, NW, 3d Floor, Washington, DC 20005, (202) 624-

0892. Copies of the Consent Decree may be obtained in person or by mail

from the Consent Decree Library, 1120 G Street, NW, 3d Floor,

Washington, DC 20005. In requesting a copy, please enclose a check in

the amount of $15.25 (25 cents per page reproduction costs) payable to

the Consent Decree Library.

Joel M. Gross,

Environmental Enforcement Section, Environment and Natural Resources

Division.

[FR Doc. 99-3913 Filed 2-17-99; 8:45 am]

BILLING CODE 4410-15-M