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