Environmental and Natural Resources Division; Notice of Lodging Proposed Consent Decree, 28956 [05-9942]

Download as PDF 28956 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Notices DEPARTMENT OF JUSTICE Environmental and Natural Resources Division; Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Decree in United States v. Abeldgaard, Civ. No. A–01– 378 Civil (RRB) (D. Alaska), was lodged with the United States District Court for the District of Alaska on May 10, 2005. This proposed Consent Decree concerns a complaint filed by the United States against Cloyd Moser and Modeb Investments, pursuant to Sections 309(b) and (d) of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1319(b) and (d), to obtain injunctive relief from and civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendants to restore the impacted areas and to pay a civil penalty. The Consent Decree also provides for the Defendants to perform a supplemental environmental project. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this Notice. Please address comments to Mark A. Nitczynski, Environmental Defense Section, 999 18th Street, Suite 945, North Tower, Denver, Colorado 80207, and refer to United States v. Abeldgaard, DJ Reference No. 90–5–1– 1–16195. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the District of Alaska, 222 West 7th Ave. #4, Anchorage, Alaska 99513. In addition, the proposed Consent Decree may be viewed at https://www.usdoj.gov/enrd/ open.html. Christopher Vaden, Deputy Section Chief, Environmental Defense Section, Environmental & Natural Resources Division. [FR Doc. 05–9942 Filed 5–18–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decrees Under the Lead-Based Paint Hazard Act Notice is hereby given that on April 1, 2005, a proposed consent decree in United States v. Gorman Park Properties, L.L.L.P. et al., Civil Action No. 05–cv–00648–DSD–SRN, and on VerDate jul<14>2003 22:14 May 18, 2005 Jkt 205001 March 30, 2005 a proposed consent decree in United States v. Bashir Moghul., Civil Action No. 05–cv– 00649–JNE–JGL, were lodged with the United States District Court for the District of Minnesota. In United States v. Grendahl, the United States, on behalf of the Environmental Protection Agency (‘‘EPA’’) and the Department of Housing and Urban Development (‘‘HUD’’), alleges that Grendahl Park II LLC, Grendahl Park III LLC, and Gorman Park Properties (‘‘Grendahl’’), three familyowned real estate businesses, violated the Act by failing to make various disclosures required by Section 1018 of the Act, 42 U.S.C. 4852d, and its implementing regulations. The Grendahl defendants own and manage 12 residential properties in Minneapolis with a total of 208 units. In the proposed consent decree, the defendants agree to abate all lead-based paint hazards in each of their units. Grendahl also agrees to pay to the United States an administrative penalty of $7,500 and to perform a $50,000 Child Health Improvement Project (‘‘CHIP’’) to provide a mobile leadscreening van for use in the Minneapolis area. In United States v. Moghul, the United States alleges that Bashir Moghul (‘‘Moghul’’), who owns and manages 28 houses and duplexes in Minnesota, Wisconsin, and Indiana, similarly violated the Act by failing to make the disclosures required by the Act and the regulations. In the proposed consent decree with Moghul, the defendant agrees to abate the lead-based paint hazards and replace all the windows in each of his houses in Minnesota, Wisconsin, and Indiana and pay an administrative penalty of $5,000 to the United States. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the consent decrees. Comments should be addressed to the Assistant Attorney General of the Environment and Natural Resources Division, Department of Justice, P.O. Box 7611, Washington, DC 20044–7611, and should refer to United States v. Gorman Park Properties, L.L.L.P. et al., D.J. #90–5–1–1–08518, or United States v. Bashir Moghul, D.J. #90–5–1–1– 08520. The proposed consent decrees may be examined at the Department of Housing and Urban Development, Office of General Counsel, 451 7th St. NW., Room 9262, Washington, DC 20410 (Attn.; at the office of the United States Attorney for the District of Minnesota, 600 U.S. Courthouse, 300 South Fourth Street, PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Minneapolis Minnesota, 55415 (Attn. Assistant United States Attorney Gregory G. Brooker); and at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604 (Attn. Assistant Regional Counsel Mary McAuliffe). During the public comment period, the consent decrees may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ open.html. Copies of the consent decrees may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy please refer to the referenced case and enclose a check in the amount of $10 (25 cents per page reproduction costs), payable to the U.S. Treasury for the consent decree in United States v. Gorman Park Properties, L.L.L.P. et al., D.J. #90–5–1– 1–08518 and $10.50 (25 cents per page reproduction costs), payable to the U.S. Treasury, for the consent decree in United States v. Bashir Moghul, D.J. #90–5–1–1–08520. Karen Dworkin, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–9944 Filed 5–18–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Lead-Based Paint Hazard Act Notice is hereby given that on May 2, 2005, a proposed consent decree in United States v. Will J. Sherard and W.J. Sherard Company, Civil Action No. 05– C–0486, was lodged with the United States District Court for the Eastern District of Wisconsin. The consent decree settles claims against the owner and management company of residential rental properties principally in Milwaukee, Wisconsin, which were brought on behalf of the Department of Housing and Urban Development and the Environmental Protection Agency under the Residential Lead-Based Paint Hazard Reduction Act 42 U.S.C. 4851 et seq. (‘‘Lead Hazard Reduction Act’’). The United States alleged in the complaint that the defendants failed to provide information to tenants concerning lead-based paint hazards, and failed to disclose to tenants the presence of known lead-based paint or known lead-based paint hazards. E:\FR\FM\19MYN1.SGM 19MYN1

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Department of Justice

[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Notices]
[Page 28956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9942]



[[Page 28956]]

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DEPARTMENT OF JUSTICE


Environmental and Natural Resources Division; Notice of Lodging 
Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Decree in United States v. Abeldgaard, 
Civ. No. A-01-378 Civil (RRB) (D. Alaska), was lodged with the United 
States District Court for the District of Alaska on May 10, 2005.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Cloyd Moser and Modeb Investments, pursuant to 
Sections 309(b) and (d) of the Clean Water Act (``CWA''), 33 U.S.C. 
1319(b) and (d), to obtain injunctive relief from and civil penalties 
against the Defendants for violating the Clean Water Act by discharging 
pollutants without a permit into waters of the United States. The 
proposed Consent Decree resolves these allegations by requiring the 
Defendants to restore the impacted areas and to pay a civil penalty. 
The Consent Decree also provides for the Defendants to perform a 
supplemental environmental project.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Mark A. 
Nitczynski, Environmental Defense Section, 999 18th Street, Suite 945, 
North Tower, Denver, Colorado 80207, and refer to United States v. 
Abeldgaard, DJ Reference No. 90-5-1-1-16195.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the District of Alaska, 222 West 7th 
Ave. 4, Anchorage, Alaska 99513. In addition, the proposed 
Consent Decree may be viewed at https://www.usdoj.gov/enrd/open.html.

Christopher Vaden,
Deputy Section Chief, Environmental Defense Section, Environmental & 
Natural Resources Division.
[FR Doc. 05-9942 Filed 5-18-05; 8:45 am]
BILLING CODE 4410-15-M

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