Skip to Content


Notice of Lodging of Consent Decree Under the Clean Water Act

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

Notice is hereby given that on March 14, 2011, a proposed consent decree in United States v. Consol Energy, Inc., et al., Civil Action No. 1:11-cv-00028, was lodged with the United States District Court for the Northern District of West Virginia.

The proposed Consent Decree will resolve claims alleged in this action by the United States and the State of West Virginia as a plaintiff-intervenor against Consol Energy, Inc., Consolidation Coal Company, and Windsor Coal Company, for the discharge of pollutants into waters of the United States in violation of Section 301 of the Act, 33 U.S.C. 1311, and in violation of the conditions and limitations of National Pollutant Discharge Elimination System (“NPDES”) permits issued by the State pursuant to Section 402 of the Act, 33 U.S.C. 1342. Under the proposed Consent Decree, Defendants will perform injunctive relief with two components. To address four mines with discharges into the Monongahela Basin, Defendants will construct a wastewater treatment system, including a pipeline system, treatment plant, and landfill. To address two mines with discharges into the Ohio River Basin, Defendants will relocate the discharges pursuant to the appropriate permitting process. In addition, Consol will pay a civil penalty of $5.5 million.

The Department of Justice will accept comments relating to the proposed consent decree for a period of thirty (30) days from the date of publication of this notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to or in hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. Comments should refer to United States v. Consol Energy, Inc., et al., Civil No. 1:11-cv-00028 (N.D.W.Va.) and D.J. Reference No. 90-5-1-1-09916/1.

The proposed consent decree may be examined at the United States Environmental Protection Agency (Region 3), 1650 Arch Street, Philadelphia, PA 19103. During the comment period, the proposed consent decree may also be examined on the following Department of Justice Web site:​enrd/​Consent_​Decrees.html. A copy of the proposed consent decree may also be obtained by mail from the Department of Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood (, fax no. (202) 514-0097, phone confirmation Start Printed Page 15999number (202) 514-1547. In requesting a copy from the Consent Decree Library, please refer to the referenced case and D.J. Reference 90-5-1-1-09916/1, and enclose a check in the amount of $14.50 for the consent decree (58 pages at 25 cents per page reproduction costs), made payable to the U.S. Treasury.

Start Signature

Robert Brook,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.

End Signature End Preamble

[FR Doc. 2011-6591 Filed 3-21-11; 8:45 am]