Notice of Lodging of Consent Decree Under the Safe Drinking Water Act, 39985-39986 [E8-15806]

Download as PDF Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: July 2, 2008. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. E8–15590 Filed 7–10–08; 8:45 am] BILLING CODE 4312–51–M DEPARTMENT OF THE INTERIOR National Park Service 60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment The Department of the Interior, National Park Service. ACTION: Notice and request for comments. AGENCY: pwalker on PROD1PC71 with NOTICES SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, the National Park Service (NPS) invites public comments on an extension of a currently approved collection of information (OMB #1024– 0126). DATES: Public comments on this Information Collection Request (ICR) will be accepted on or before September 9, 2008. ADDRESSES: Send comments to: Jo A. Pendry, NPS Concession Program Manager, 1849 C Street, NW. (2410), Washington, DC 20240; or via phone at 202/513–7156; or via fax at 202/371– 2090; or via e-mail at jo_pendry@nps.gov. Also, you may send comments to Leonard E. Stowe, NPS Information Collection Clearance Officer, 1849 C St., NW. (2605), Washington, DC 20240; or via e-mail at leonard_stowe@nps.gov. All responses to this notice will be summarized and included in the request for the Office of Management and Budget (OMB) approval. All comments will become a matter of public record. To Request a Draft of Proposed Collection of Information Contact: Jo A. Pendry, NPS Concession Program Manager, 1849 C St., NW. (2410), Washington, DC 20240; or via phone at 202/513–7156; or via fax at 202/371– 2090; or via email at jo_pendry@nps.gov. FOR FURTHER INFORMATION CONTACT: Erica Chavis, NPS Concessions Specialist, 1849 C St., NW (2410), Washington, DC 20240; or via phone at 202/513–7144; or via e-mail at erica_chavis@nps.gov. You are entitled VerDate Aug<31>2005 17:19 Jul 10, 2008 Jkt 214001 to a copy of the entire ICR package free of charge once the package is submitted to OMB for review. You can access this ICR at https://www.reginfo.gov/public/. SUPPLEMENTARY INFORMATION: Title: Proposed Sale of Concession Operations (36 CFR part 51, subpart J). Bureau Form Number (s): None. OMB Control Number: 1024–0126. Expiration Date: April 30, 2009. Type of Request: Extension of a currently approved collection of information. Description of Need: The National Park Service (NPS) authorizes private businesses known as concessioners to provide necessary and appropriate visitor facilities and services in areas of the National Park System. Concession authorizations may be assigned, sold, transferred or encumbered by the concessioner subject to prior written approval of the NPS. The NPS requires that certain information be submitted for review prior to the consummation of any sale, transfer, assignment, or encumbrance. 16 U.S.C. 3 provides that no contract, lease, permit or privilege granted for the purpose of providing accommodations for visitors to the national parks shall be assigned or transferred by such grantees, permittees, or licenses without the approval of the NPS, first obtained in writing. It further provides that the NPS may authorize concessioners to execute mortgages and issue bonds, shares of stock, and other evidences or interest in or indebtedness upon their rights, properties and franchises, for the purposes of installing, enlarging, or improving plants and equipment and extending facilities for the accommodation of the public within national parks and monuments. 16 U.S.C. 20(3) also provides that the possessory interest of a concessioner may be assigned, transferred, encumbered, or relinquished. Regulations at 36 CFR, part 51, require that certain information be submitted for review by the NPS prior to the consummation of any sale, transfer, assignment or encumbrance. The information requested is used to determine whether or not the proposed transaction will result in decreased services to the public, the lack of a reasonable opportunity for profit over the remaining term of the authorization, or rates in excess of existing approved rates to the public. In addition, pursuant to the regulations at 36 CFR, Part 51, the value of rights for intangible assets such as the concession contract, right of preference in renewal, user days, or low fees belong to the Government. If any portion of the purchase price is PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 39985 attributable either directly or indirectly to such assets, the transaction may not be approved. The amount and type of information to be submitted varies with the type and complexity of the proposed transaction. Without such information, the NPS would be unable to determine whether approval of the proposed transaction would be adequate. Concessioners’ obligation to respond is required to retain or obtain benefits. Automated data collection: No automated data collection will take place. Description of respondents: Businesses or other for-profit, individuals or households, not-for-profit institutions. Estimate average number of respondents: 20. Estimated average time burden per respondent: 80 hours. Estimated average number of responses: 20. Frequency of response: Once per respondent. Estimated total annual reporting burden: 1,600 hours. Comments are invited on: (1) The practical utility of the information being gathered; (2) the accuracy of the burden hour estimate; (3) ways to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information technology. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: June 10, 2008. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. E8–15592 Filed 7–10–08; 8:45 am] BILLING CODE 4312–53–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Safe Drinking Water Act Notice is hereby given that on June 30, 2008, a proposed Consent Decree (the ‘‘Decree’’) in United States v. Town of Newburgh, New York, Civil Action E:\FR\FM\11JYN1.SGM 11JYN1 pwalker on PROD1PC71 with NOTICES 39986 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices No. 08 Civ. 5902 (SCR) was lodged with the United States District Court for the Southern District of New York. In a complaint, filed simultaneously with the Decree, the United States alleged that, between 2005 and 2007, the drinking water system owned and operated by the Town of Newburgh (the ‘‘Town’’) violated the Safe Drinking Water Act, 42 U.S.C. 300f, et seq., and its implementing regulations in several respects. First, the United States alleged that the Town repeatedly exceeded maximum contaminant levels for certain disinfectant byproducts, namely haloacetic acids. The United States further alleged that the Town failed to comply with an Administrative Order issued by the United States Environmental Protection Agency (‘‘EPA’’) requiring the Town to monitor drinking water quality and report the monitoring results to the Orange County Department of Health. The lawsuit also charged that the Town had failed to provide the required notice to the public on each occasion that the Town’s drinking water exceeded the maximum contaminant levels for disinfectant byproducts. Pursuant to the Decree, the Town shall construct a water treatment facility to filter the drinking water it draws from the Delaware Aqueduct, the Town’s principal water source. The Decree requires the Town to complete construction of the facility by May 1, 2013, pursuant to a schedule of 29 interim construction milestones. The Decree further requires the Town to implement a number of interim measures to protect the quality of its drinking water until the Town has fully complied with the long term construction of the water treatment facility. For example, the Decree mandates ongoing monitoring of the water that the Town obtains from the Delaware Aqueduct for contaminants, as well as monthly reporting of the monitoring data to EPA, the State of New York and Orange County. Under the Decree, the Town’s water must also meet water quality standards applicable to water systems that are not required to install treatment facilities. The Town will pay a $100,000 civil monetary penalty to the United States pursuant to the Decree. The Town must also implement three environmental projects to improve the water quality in and around the Town. Specifically, the Town will purchase and maintain vacant undeveloped real properties around the Chadwick Lake Reservoir, an alternate drinking water source for the Town, in order to protect the watershed. The Town will also connect residential and commercial properties in the Town VerDate Aug<31>2005 17:19 Jul 10, 2008 Jkt 214001 along North Carpenter Avenue and West Stone Street to the City of Newburgh’s sanitary sewer system. This project will prevent waste in septic systems from discharging directly into the ground and, in some cases, running above ground to other water bodies in the area, such as Orange Lake and tributaries to the Hudson River. In addition, the Town agreed to replace existing catch basins connected to pipes that discharge into Orange Lake with new catch basins equipped to prevent sediment and floatable debris from flowing into the lake. The value of these supplemental environmental projects is estimated at $912,000. 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, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Town of Newburgh, New York, D.J. Ref. 90–5–1–1–08838. The Decree may be examined at the Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New York, New York 10007–1866. During the public comment period, the Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.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 $4.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–15806 Filed 7–10–08; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice of Settlement Agreement In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given of a proposed settlement agreement in In re Jack R. Bennett, to obtain injunctive relief and impose civil penalties against Jack R. Bennett for alleged violations of Clean Water Act sections 301(a) and 404, 33 U.S.C. 1311, 13411, by discharging fill material without a permit into wetlands adjacent to the Neuse River in Goldsboro, North Carolina. The proposed Settlement Agreement resolves these allegations by requiring Jack R. Bennett to restore the impacted area and to pay a civil penalty. The Department of Justice will accept written comments relating to this proposed Settlement Agreement for thirty (30) days from the date of publication of this Notice. Please address comments to Neal I. Fowler, Assistant United States Attorney, United States Attorney’s Office, Terry Sanford Federal Building, 310 New Bern Avenue, Suite 800, Raleigh, North Carolina 27601–1461, and refer to In re Jack R. Bennett, United States District Court for the Eastern District of North Carolina, DJ # 90–5–1–1–18297. The proposed Settlement may be viewed at https://www.usdoj.gov/enrd/ Consent_Decrees.html. Stephen Samuels, Assistant Chief Environmental Defense Section, Environment & Natural Resources Division. [FR Doc. E8–15504 Filed 7–10–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cable Television Laboratories, Inc. Notice is hereby given that, on May 21, 2008, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Cable Television Laboratories, Inc. (‘‘CableLabs’’), filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Cable Cable, Inc., Fenelon Falls, E:\FR\FM\11JYN1.SGM 11JYN1

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Department of Justice

[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39985-39986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15806]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Safe Drinking Water 
Act

    Notice is hereby given that on June 30, 2008, a proposed Consent 
Decree (the ``Decree'') in United States v. Town of Newburgh, New York, 
Civil Action

[[Page 39986]]

No. 08 Civ. 5902 (SCR) was lodged with the United States District Court 
for the Southern District of New York.
    In a complaint, filed simultaneously with the Decree, the United 
States alleged that, between 2005 and 2007, the drinking water system 
owned and operated by the Town of Newburgh (the ``Town'') violated the 
Safe Drinking Water Act, 42 U.S.C. 300f, et seq., and its implementing 
regulations in several respects. First, the United States alleged that 
the Town repeatedly exceeded maximum contaminant levels for certain 
disinfectant byproducts, namely haloacetic acids. The United States 
further alleged that the Town failed to comply with an Administrative 
Order issued by the United States Environmental Protection Agency 
(``EPA'') requiring the Town to monitor drinking water quality and 
report the monitoring results to the Orange County Department of 
Health. The lawsuit also charged that the Town had failed to provide 
the required notice to the public on each occasion that the Town's 
drinking water exceeded the maximum contaminant levels for disinfectant 
byproducts.
    Pursuant to the Decree, the Town shall construct a water treatment 
facility to filter the drinking water it draws from the Delaware 
Aqueduct, the Town's principal water source. The Decree requires the 
Town to complete construction of the facility by May 1, 2013, pursuant 
to a schedule of 29 interim construction milestones.
    The Decree further requires the Town to implement a number of 
interim measures to protect the quality of its drinking water until the 
Town has fully complied with the long term construction of the water 
treatment facility. For example, the Decree mandates ongoing monitoring 
of the water that the Town obtains from the Delaware Aqueduct for 
contaminants, as well as monthly reporting of the monitoring data to 
EPA, the State of New York and Orange County. Under the Decree, the 
Town's water must also meet water quality standards applicable to water 
systems that are not required to install treatment facilities.
    The Town will pay a $100,000 civil monetary penalty to the United 
States pursuant to the Decree. The Town must also implement three 
environmental projects to improve the water quality in and around the 
Town. Specifically, the Town will purchase and maintain vacant 
undeveloped real properties around the Chadwick Lake Reservoir, an 
alternate drinking water source for the Town, in order to protect the 
watershed. The Town will also connect residential and commercial 
properties in the Town along North Carpenter Avenue and West Stone 
Street to the City of Newburgh's sanitary sewer system. This project 
will prevent waste in septic systems from discharging directly into the 
ground and, in some cases, running above ground to other water bodies 
in the area, such as Orange Lake and tributaries to the Hudson River. 
In addition, the Town agreed to replace existing catch basins connected 
to pipes that discharge into Orange Lake with new catch basins equipped 
to prevent sediment and floatable debris from flowing into the lake. 
The value of these supplemental environmental projects is estimated at 
$912,000.
    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, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Town of Newburgh, New York, D.J. Ref. 90-5-1-1-08838.
    The Decree may be examined at the Office of the United States 
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and 
at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New 
York, New York 10007-1866. During the public comment period, the Decree 
may also be examined on the following Department of Justice Web site, 
https://www.usdoj.gov/enrd/Consent_Decrees.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 $4.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-15806 Filed 7-10-08; 8:45 am]
BILLING CODE 4410-15-P

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