Notice of Proposed Consent Decree and Proposed Order on Consent Under The Clean Water Act, 28063 [2010-11948]

Download as PDF Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices page reproduction cost) payable to the U.S. Treasury or, if by email 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. 2010–11947 Filed 5–18–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE jlentini on DSKJ8SOYB1PROD with NOTICES Notice of Proposed Consent Decree and Proposed Order on Consent Under The Clean Water Act Notice is hereby given that, on May 12, 2010, a proposed Consent Decree in United States and State of New York v. City of Oswego, New York, Civil Action No. 5:10–cv–554, was lodged with the United States District Court for the Northern District of New York. The proposed Consent Decree will settle the United States’ claims on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’) for violations of Section 301(a) of the CWA, 33 U.S.C. 1311(a), in connection with unpermitted discharges from the City’s west side sewer system and failure to comply with a National Pollutant Discharge Elimination System (‘‘NPDES’’) permit. The State of New York joined the United States as co-plaintiff, pursuant to Section 309(e) of the CWA, 33 U.S.C. 1319(e), and the New York State Environmental Conservation Law (‘‘ECL’’), Sections 17–0701 and 17–0803. The Consent Decree resolves all claims in the Complaint, in return for payment by the City of a civil penalty of $99,000, to be split evenly between the United States and the State, and performance by the City of corrective actions valued at $87 million. The Department of Justice will receive comments relating to the proposed Consent Decree for a period of 30 days from the date of this publication. Comments on the Consent Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcommentees.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 and State of New York v. City of Oswego, New York, Civil Action No. 5:10–cv–554 (N.D.N.Y.), D.J. Ref. No. 90–5–1–1– 08609. The proposed Consent Decree may be examined at the Office of the United States Attorney, Northern District of VerDate Mar<15>2010 16:07 May 18, 2010 Jkt 220001 New York, 100 South Clinton Street, Syracuse, New York 13261, and at EPA, Region 2, 290 Broadway, New York, New York 10007–1866. During the public comment period, the proposed Consent Decree may also be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/ Consent_Decrees.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 number (202) 514–0097, phone number (202) 514–1547. If requesting a copy by mail from the Consent Decree Library, please enclose a check in the amount of $18.50 ($0.25 per page reproduction cost) payable to the United States Treasury or, if requesting by e-mail or fax, forward the check in that amount to the Consent Decree Library at the address stated above. If requesting a copy exclusive of appendices, please enclose a check in the amount of $16.00 ($0.25 per page reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–11948 Filed 5–18–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 06–55] M & N Distributors; Dismissal of Proceeding On March 16, 2006, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to M & N Distributors (Respondent), of Springfield, Tennessee. The Order to Show Cause proposed the revocation of Respondent’s DEA Certificate of Registration as a distributor of list I chemicals on the ground that its continued registration ‘‘is inconsistent with the public interest, as that term is used in 21 U.S.C. 823(h).’’ Order to Show Cause at 1. More specifically, the Show Cause Order made three major allegations against Respondent. First, it alleged that on November 22, 2005, Agency Investigators performed an accountability audit of Respondent’s handling of three listed-chemical products and found an overage of ‘‘732 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 28063 bottles (more than five cases) of one 36count combination ephedrine product.’’ Id. at 2. Next, the Show Cause Order alleged that in June 2003, Respondent ‘‘reported a loss of a case of 144 bottles of ephedrine, which [Respondent] indicated fell out the back door of his truck’’ and that ‘‘this product was never recovered.’’ Id. Finally, the Show Cause Order alleged that between 2001 and 2005, DEA retained an expert ‘‘in the field of retail marketing and statistics’’ ‘‘to analyze national sales data for over-the-counter non-prescription drugs’’ and that based on his ‘‘study of hundreds of Tennessee retailers,’’ the expert had concluded ‘‘that these retail stores had made purchases of listed chemical products far in excess of amounts of product that could be reasonably sold for legitimate purposes in stores of these [sic] kind in Tennessee.’’ Id. at 3. The Order further alleged that ‘‘DEA has observed that many smaller or non-traditional stores, such as * * * gas stations [ ] and some small markets, purchase inordinate amounts of these products and become conduits for the diversion of listed chemical[s] into illicit drug manufacturing.’’ Id. Because Respondent’s owner ‘‘told investigators that he had approximately 120 convenience store and gas station customers located in Tennessee and Kentucky,’’ id. at 2, the Order implied, without ever expressly alleging, that Respondent sold listed chemical products ‘‘far in excess of amounts of product that could be reasonably sold for legitimate purposes.’’ Id. at 3.1 On April 5, 2006, Respondent’s owner, Charles Ramsey, requested a hearing on the allegations and the matter was placed on the docket of the Agency’s Administrative Law Judges (ALJ). ALJ Ex. 2. Thereafter, on June 5, 2006, Counsel for Respondent entered his appearance, ALJ Ex. 3, and following pre-hearing procedures, a hearing was held before an ALJ in Nashville, Tennessee on August 23 and 24, 2006. At the hearing, both parties called witnesses to testify and introduced documentary evidence. After the hearing, both parties filed briefs containing their proposed findings, conclusions of law, and argument. On December 16, 2008, the ALJ issued her Recommended Decision. Therein, the ALJ concluded that the Government had not proved that the continuation of 1 In her Decision, the Administrative Law Judge (ALJ) formulated the issue as ‘‘whether the Respondent sold quantities of listed chemical product which it knew, or should have known, exceeded quantities that could be sold by its customers for legitimate use.’’ ALJ at 31 (citing Gov’t Br. at 9). E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Page 28063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11948]


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DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree and Proposed Order on Consent 
Under The Clean Water Act

    Notice is hereby given that, on May 12, 2010, a proposed Consent 
Decree in United States and State of New York v. City of Oswego, New 
York, Civil Action No. 5:10-cv-554, was lodged with the United States 
District Court for the Northern District of New York.
    The proposed Consent Decree will settle the United States' claims 
on behalf of the U.S. Environmental Protection Agency (``EPA'') for 
violations of Section 301(a) of the CWA, 33 U.S.C. 1311(a), in 
connection with unpermitted discharges from the City's west side sewer 
system and failure to comply with a National Pollutant Discharge 
Elimination System (``NPDES'') permit. The State of New York joined the 
United States as co-plaintiff, pursuant to Section 309(e) of the CWA, 
33 U.S.C. 1319(e), and the New York State Environmental Conservation 
Law (``ECL''), Sections 17-0701 and 17-0803. The Consent Decree 
resolves all claims in the Complaint, in return for payment by the City 
of a civil penalty of $99,000, to be split evenly between the United 
States and the State, and performance by the City of corrective actions 
valued at $87 million.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of 30 days from the date of this 
publication. Comments on the Consent Decree 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 and State of New York v. City of Oswego, 
New York, Civil Action No. 5:10-cv-554 (N.D.N.Y.), D.J. Ref. No. 90-5-
1-1-08609.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Northern District of New York, 100 South 
Clinton Street, Syracuse, New York 13261, and at EPA, Region 2, 290 
Broadway, New York, New York 10007-1866. During the public comment 
period, the proposed Consent Decree may also be examined on the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.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 
number (202) 514-0097, phone number (202) 514-1547. If requesting a 
copy by mail from the Consent Decree Library, please enclose a check in 
the amount of $18.50 ($0.25 per page reproduction cost) payable to the 
United States Treasury or, if requesting by e-mail or fax, forward the 
check in that amount to the Consent Decree Library at the address 
stated above. If requesting a copy exclusive of appendices, please 
enclose a check in the amount of $16.00 ($0.25 per page reproduction 
cost) payable to the United States Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-11948 Filed 5-18-10; 8:45 am]
BILLING CODE 4410-15-P