Notice of Lodging of Consent Decree Under the Clean Water Act, 42326 [E9-20067]
Download as PDF
srobinson on DSKHWCL6B1PROD with NOTICES
42326
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices
‘‘Ninestar Respondents’’), as well as
Mipo America Ltd. (‘‘Mipo America’’)
and Mipo International, Ltd
(collectively, the ‘‘Mipo Respondents’’).
On March 18, 2008, Epson filed a third
enforcement complaint against two
proposed respondents: Ribbon Tree
USA, Inc. (dba Cana-Pacific Ribbons)
and Apex Distributing Inc.(collectively,
the ‘‘Apex Respondents’’). On June 23,
2008, the Commission determined that
the criteria for institution of
enforcement proceedings were satisfied
and instituted another formal
enforcement proceeding and named the
two proposed respondents as the
enforcement respondents. On
September 18, 2008, the ALJ issued
Order No. 37, consolidating the two
proceedings.
On April 17, 2009, the ALJ issued his
Enforcement Initial Determination (EID)
in which he determined that there have
been violations of the Commission’s
cease and desist orders and consent
order and recommended that the
Commission impose civil penalties for
such violations. The Ninestar
Respondents filed a timely petition for
review. The Commission considered the
EID, the petition for review, the
responses thereto, and other relevant
portions of the record and determined
not to review the EID on June 19, 2009.
The Commission then requested
separate briefing concerning the
imposition of civil penalties for
violation of the cease and desist orders
and a consent order. Epson, the Ninestar
Respondents, and the Commission
investigative attorney filed written
submissions and responses thereto.
Based upon its consideration of the
EID, the submissions of the parties, and
the entire record in this proceeding, the
Commission adopts the EID’s analysis
concerning civil penalties, except as
otherwise noted or supplemented in its
order and opinion (to be issued later).
However, while the Commission adopts
the EID’s recommended penalty with
respect to the Mipo Respondents and
the Apex Respondents, the Commission
has determined to impose a lesser
penalty on the Ninestar Respondents.
Accordingly, and subject to final
adjudication of any appeal of the same,
the Commission has determined to
impose a civil penalty in the amount of
$11,110,000 against the Ninestar
Respondents, jointly and severally.
Against the Mipo Respondents, the
Commission has determined to impose
a civil penalty in the amount of
$9,700,000 jointly and severally, and the
Commission has determined to impose
a civil penalty in the amount of
$700,000 jointly and severally against
the Apex Respondents.
VerDate Nov<24>2008
16:22 Aug 20, 2009
Jkt 217001
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and section
210.75 of the Commission’s Rules of
Practice and Procedure (19 CFR 210.75).
Issued: August 17, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–20106 Filed 8–20–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on August
17, 2009, a proposed Consent Decree in
United States v. City Of Portsmouth,
New Hampshire, Civil Action No. 1:09–
cv–283, was lodged with the United
States District Court for the District of
New Hampshire.
In this action, the United States seeks,
inter alia, injunctive relief in relation to
discharges by the City of Lebanon, New
Hampshire (City) from its combined
sewer overflows (CSOs) and wastewater
treatment facility, in violation of the
City’s National Pollutant Discharge
Elimination System Permit issued under
the Clean Water Act, 33 U.S.C. 1251, et
seq. The Consent Decree requires the
City, among other things, to control
discharges from the CSO outfalls,
propose a schedule for construction of
a secondary wastewater treatment
facility for approval by the United States
Environmental Protection Agency, and
upon inclusion of the schedule in the
Consent Decree, comply with the
construction schedule.
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, 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. City of Portsmouth, New
Hampshire, D.J. Ref. 90–5–1–1–09308.
The Consent Decree may be examined
at the Office of the United States
Attorney, District of New Hampshire, 53
Pleasant Street, Concord, NH, and at
U.S. EPA Region 1, 1 Congress Street,
Boston, MA. During the public comment
period, the Consent Decree, may also be
examined on the following Department
of Justice Web site, to https://
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
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 $18.75 (25 cents per
page reproduction costs of Consent
Decree and Appendices) 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 Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. E9–20067 Filed 8–20–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
in United States v. Waste Management
of Wisconsin, Inc., et al. Under the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA)
Notice is hereby given that on August
17, 2009, a proposed Consent Decree
was lodged with the United States
District Court for the Eastern District of
Wisconsin in United States v. Waste
Management of Wisconsin, Inc., et al.,
Case No. 09–cv–0135. The Consent
Decree between the United States, on
behalf of the U.S. Environmental
Protection Agency (‘‘U.S. EPA’’), and
the settling defendants relates to certain
liabilities under the Comprehensive
Environmental Response, Compensation
and Liability Act (‘‘CERCLA’’), 42 U.S.C.
9601 et seq., in connection with the
Watertown Tire Fire Site in Watertown,
Wisconsin (the ‘‘Site’’). Under the
proposed Consent Decree, the settling
defendants are required to pay $1,000
and pursue insurance proceeds in
ongoing State court litigation to
reimburse costs incurred by U.S. EPA in
connection with the Site.
The Department of Justice will receive
comments relating to the Consent
Decree for a period of thirty (30) days
from the date of this publication.
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.
E:\FR\FM\21AUN1.SGM
21AUN1
Agencies
[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Page 42326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20067]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Notice is hereby given that on August 17, 2009, a proposed Consent
Decree in United States v. City Of Portsmouth, New Hampshire, Civil
Action No. 1:09-cv-283, was lodged with the United States District
Court for the District of New Hampshire.
In this action, the United States seeks, inter alia, injunctive
relief in relation to discharges by the City of Lebanon, New Hampshire
(City) from its combined sewer overflows (CSOs) and wastewater
treatment facility, in violation of the City's National Pollutant
Discharge Elimination System Permit issued under the Clean Water Act,
33 U.S.C. 1251, et seq. The Consent Decree requires the City, among
other things, to control discharges from the CSO outfalls, propose a
schedule for construction of a secondary wastewater treatment facility
for approval by the United States Environmental Protection Agency, and
upon inclusion of the schedule in the Consent Decree, comply with the
construction schedule.
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, 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. City of Portsmouth, New Hampshire, D.J. Ref. 90-5-1-1-
09308.
The Consent Decree may be examined at the Office of the United
States Attorney, District of New Hampshire, 53 Pleasant Street,
Concord, NH, and at U.S. EPA Region 1, 1 Congress Street, Boston, MA.
During the public comment period, the Consent Decree, may also be
examined on the following Department of Justice Web site, to https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 $18.75 (25 cents per
page reproduction costs of Consent Decree and Appendices) 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 Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9-20067 Filed 8-20-09; 8:45 am]
BILLING CODE 4410-15-P