Notice of Lodging of Consent Decree Under the Clean Water Act, 66465-66466 [05-21885]

Download as PDF Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices attachments, may be obtained for $53.00.) Ellen M. Mahan, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division, United States Department of Justice. [FR Doc. 05–21880 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on October 17, 2005, a proposed Consent Decree (‘‘Decree’’) in United States v. Lucite International, Inc., Civil Action No. 05–2773 Ma V, was lodged with the United States District Court for the Western District of Tennessee. In this action, the United States sought penalties and injunctive relief from Defendant with respect to Clean Air Act violations at its methyl methacrylate and acrylic sheeting facility on Fite Road in Memphis, Tennessee. The Complaint against Defendant alleges violations of following provisions: New Source Performance Standards (NSPS) applicable to Sulfuric Acid Plants, at 40 CFR Part 60, Subpart H; National Emissions Standards for Hazardous Air Pollutants at 40 CFR Part 63, Subparts A, F and G; and Protection of Stratospheric Ozone under Section 608 of the Act, as implemented by regulations at 40 CFR Part 82, Subpart F. The Complaint further alleges that many of these violations resulted in corresponding violations of Defendant’s Title V Permit and of Tennessee’s State Implementation Plan. The Decree resolves the claims alleged in the Complaint and requires Defendant to pay $1.8 million plus interest in civil penalties, and to install NSPS compliant controls at an estimated cost of approximately $16 million. In addition, the Decree provides for implementation of a Supplemental Environmental Project valued at $1.3 million, to reroute emissions from two sources, resulting in the reduction of emissions from those sources to a level that is only 10% of previously permitted emissions. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United VerDate Aug<31>2005 20:22 Nov 01, 2005 Jkt 208001 States v. Lucite International, Inc., D.J. Ref. 90–5–2–1–08272. The Decree may be examined at the Office of the United States Attorney, 167 North Main St., Suite 800, Memphis, Tennessee 38013, and at U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303. During the public comment period, the Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the Decree 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 from the Consent Decree Library, please enclose a check in the amount of $13.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Ellen M. Mahan, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21886 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to CERCLA Notice is hereby given that on October 17, 2005, the United States lodged a proposed Consent Decree between the United States, the State of Arkansas, the Signature Combs plaintiffs, and OakleyKeesee Ford, Inc. (‘‘Oakley-Keesee’’) with the United States District Court for the Eastern District of Arkansas in United States et al. v. Oakley-Keesee Ford, Nos. 3:98CV00362, 3:98CV00363, consolidated with Signature Comb, Inc. et al. v. Oakley-Keesee Ford, No. 3:02CV00125 (SMR). The proposed Consent Decree resolves the claims of the United States, the State of Arkansas, and the Signature Combs plaintiffs against Oakley-Keesee under sections 106(b) and 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, (‘‘CERCLA’’), 42 U.S.C. 9606, 9607, regarding the Gurley Pit and South 8th Street Superfund Sites located in Crittenden County, Arkansas. Under the proposed decree, Oakley-Keesee has agreed to pay the plaintiffs $260,000 within 30 days of the effective date of the Consent Decree as follows: (1) $150,000 will be paid to the Superfund in partial reimbursement of the United States’ past and future response costs at PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 66465 the Sites; (2) $100,000 will be paid to the superfund in penalties for the defendant’s failure to comply with the Unilateral Administrative Order to perform the remedial action at the South 8th Street Site; and (3) $10,000 will be paid to the State in partial reimbursement of State’s past and future response costs at the Sites. OakleyKeesee also has agreed to pay the Signature Combs plaintiffs $300,000 in partial reimbursement of response costs expended by the Signature Combs plaintiffs related to the Sites. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed Consent Decree. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, PO Box 7611, Ben Franklin Station, Washington, DC 20044–7611, and should refer to United States et al. v. Oakley-Keesee Ford, DJ No. 90–11–2– 196/2. The proposed Consent Decree may be examined during the public comment period on the following Department of Justice Web site: https://www.usdoj.gov/ enrd/open.html. A copy of the proposed Consent Decree 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 from the Consent Decree Library, please enclose a check in the amount of $8.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Dated: October 19, 2005. Thomas A. Mariani, Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21883 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Under 28 CFR 50.7, notice is hereby given that on October 19, 2005, a proposed consent decree in United States v. Seven-Up/RC Bottling Company of Southern California, Inc., Case No. CV–05–7514 AHM (CTx), was lodged with the United States District Court for the Central District of Columbia. E:\FR\FM\02NON1.SGM 02NON1 66466 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices In this action, the United States sought injunctive relief and civil penalties under section 309 of the Clean Water Act (‘‘CWA’’) against Seven-Up/ RC Bottling Company of Southern California, Inc. (‘‘Seven-Up’’) at its soft drink bottling facilities in Vernon and Buena Park, California, for: Unauthorized discharges of pollutants, including industrial wastes and storm water associated with industrial activity, into waters of the United States; violations of the terms and conditions of storm water permits; and violations of federal pretreatment standards. The consent decree requires Seven-Up to: (1) Implement a comprehensive pH compliance plan at the Buena Park facility, including putting in place a new treatment system, a new monitoring protocol, and an employee training program; (2) implement a storm water control plan to manage the industrial pollutants generated by the Vernon facility’s outdoor activities; (3) implement a storm water inspection and response program for both bottling facilities; and (4) pay a civil penalty of $428,500. 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, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, with a copy to Robert Mullaney, U.S. Department of Justice, 301 Howard Street, Suite 1050, San Francisco, CA 94105, and should refer to United States v. Seven-Up/RC Bottling Company of Southern California, Inc., D.J. Ref. #90–5–1–1– 08191. The consent decree may be examined at U.S. EPA Region 9, Office of Regional Counsel, 75 Hawthorne Street, San Francisco, California. During the public comment period, the consent decree may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/open.html. A copy of the consent decree may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/open.html. A copy of the consent decree may also be obtained by mail from the Consent Decree Library, PO 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 from the Consent Decree Library, please enclose a check in the amount of VerDate Aug<31>2005 17:22 Nov 01, 2005 Jkt 208001 $9.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Ellen M. Mahan, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21885 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Antitrust Division Agency Information Collection Activities: Proposed Collection; Comments Requested 60-Day Notice of Information Collection Under Review: Federal Coal Lease Reserves. ACTION: The Department of Justice (DOJ), Antitrust Division (ATR), has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until January 3, 2006. This process is conducted in accordance with 5 CFR 1320.10. If you have comments (especially regarding the estimated public burden or associated response time), suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Jill Ptacek, Antitrust Division, United States Department of Justice, 325 7th Street, NW., Suite 500, Washington, DC 20530. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Federal Coal Lease Reserves. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Numbers: ATR–139 and ATR–140, Antitrust Division, Department of Justice. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for Profit. Other: None. The Department of Justice evaluates the competitive impact of issuances, transfers and exchanges of federal coal leases. These forms seek information regarding a prospective coal lessee’s existing coal reserves. The Department uses this information to determine whether the issuance, transfer or exchange of the federal coal lease is consistent with the antitrust laws. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 20 respondents will complete each form, with each response taking approximately two hours. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 40 annual burden hours associated with this collection, in total. If additional information is required contact: Brenda E. Dyer, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: October 27, 2005. Brenda E. Dyer, Department Clearance Officer, Department of Justice. [FR Doc. 05–21778 Filed 11–1–05; 8:45 am] BILLING CODE 4410–01–M E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66465-66466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21885]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Under 28 CFR 50.7, notice is hereby given that on October 19, 2005, 
a proposed consent decree in United States v. Seven-Up/RC Bottling 
Company of Southern California, Inc., Case No. CV-05-7514 AHM (CTx), 
was lodged with the United States District Court for the Central 
District of Columbia.

[[Page 66466]]

    In this action, the United States sought injunctive relief and 
civil penalties under section 309 of the Clean Water Act (``CWA'') 
against Seven-Up/RC Bottling Company of Southern California, Inc. 
(``Seven-Up'') at its soft drink bottling facilities in Vernon and 
Buena Park, California, for: Unauthorized discharges of pollutants, 
including industrial wastes and storm water associated with industrial 
activity, into waters of the United States; violations of the terms and 
conditions of storm water permits; and violations of federal 
pretreatment standards. The consent decree requires Seven-Up to: (1) 
Implement a comprehensive pH compliance plan at the Buena Park 
facility, including putting in place a new treatment system, a new 
monitoring protocol, and an employee training program; (2) implement a 
storm water control plan to manage the industrial pollutants generated 
by the Vernon facility's outdoor activities; (3) implement a storm 
water inspection and response program for both bottling facilities; and 
(4) pay a civil penalty of $428,500.
    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, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, with a copy to Robert 
Mullaney, U.S. Department of Justice, 301 Howard Street, Suite 1050, 
San Francisco, CA 94105, and should refer to United States v. Seven-Up/
RC Bottling Company of Southern California, Inc., D.J. Ref. 
90-5-1-1-08191.
    The consent decree may be examined at U.S. EPA Region 9, Office of 
Regional Counsel, 75 Hawthorne Street, San Francisco, California. 
During the public comment period, the consent decree may also be 
examined on the following Department of Justice Web site: https://
www.usdoj.gov/enrd/open.html. A copy of the consent decree may also be 
examined on the following Department of Justice Web site: https://
www.usdoj.gov/enrd/open.html. A copy of the consent decree may also be 
obtained by mail from the Consent Decree Library, PO 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 from the Consent Decree Library, please enclose a 
check in the amount of $9.00 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-21885 Filed 11-1-05; 8:45 am]
BILLING CODE 4410-15-M
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