Notice of Lodging of Proposed Consent Decree, 63954 [2011-26517]
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63954
Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices
the Department of Justice. 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 $7.50 (@ 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.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2011–26539 Filed 10–13–11; 8:45 am]
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DEPARTMENT OF JUSTICE
tkelley on DSK3SPTVN1PROD with NOTICES
Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on
September 21, 2011, a proposed Consent
Decree (‘‘CD’’) in US and WVDEP v. City
of Welch, Civil Action No. 1:11–cv–
00647, was lodged with the United
States District Court for the Southern
District of West Virginia, Charleston
Division.
The United States filed a complaint
concurrently with the CD. In the new
action, the United States sought
injunctive relief and civil penalties
against the City (the ‘‘City’’) of Welch in
West Virginia and the Welch Sanitary
Board (the ‘‘Board’’) for violations of
Sections 309 and 402 of the Clean Water
Act (‘‘CWA’’), 33 U.S.C. 1319 and 1342.
The United States alleged that by failing
to comply with effluent limits, failing to
develop and implement a Long Term
Control Plan (‘‘LTCP’’), and failing to
comply with Nine Minimum Control
requirements of the National Pollutant
Discharge Elimination System
(‘‘NPDES’’) permit, the City was in
violation of the CWA and its NPDES
permit.
The CD resolves the alleged violations
by mandating a series of injunctive
relief. The CD instructs the City to
establish an enforceable schedule for
controlling the combined sewer
overflows and correcting the effluent
limitation violations. The City will
comply with a mutually agreed upon
schedule as part of the LTCP. It will
certify that all existing and future
contracts are designed, constructed, and
will operate in accordance with the CD
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and the NPDES permit. The City will
also submit a report on the status of any
overflows from the Combined Sewer
System (‘‘CSS’’) and their duration and
frequency, by June 30, 2016.
Additionally, the City will submit
semiannual progress reports to the EPA
and the State. The City will submit a
plan to identify and eliminate sources of
excess inflow and infiltration within 60
days of the CD being lodged. Six months
after the CD is lodged, the City will
submit a Nine Minimum Controls Plan
to EPA and a Treatment Plant Plan to
the Plaintiffs. In addition to injunctive
relief, the City will pay a civil penalty
of $5,000, divided evenly between the
United States and the State of West
Virginia. There will also be stipulated
penalties for periods of noncompliance,
ranging from $1,000 to $8,000 per day
per violation.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the CD. 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 and West Virginia Department of
Environmental Protection v. City of
Welch, D.J. Ref. 90–5–1–1–813/1.
During the public comment period,
the CD 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 CD
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
emailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. If requesting a
copy from the Consent Decree Library
by mail, please enclose a check in the
amount of $12.00 payable to the U.S.
Treasury or, if requesting by email or
fax, forward a check in that amount to
the Consent Decree Library at the
address given above.
DEPARTMENT OF JUSTICE
Robert Brook,
Assistant Chief, Environmental, Enforcement
Section, Environment and Natural Resources
Division.
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
[FR Doc. 2011–26540 Filed 10–13–11; 8:45 am]
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Notice of Lodging of Proposed
Consent Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree
regarding the United States’ claims
against Defendants in United States v.
Philip A. Smith, et al., Case No. 3:10–
cv–05364–BHS, was lodged with the
United States District Court for the
Western District of Washington on
October 6, 2011.
This proposed Consent Decree
concerns a complaint filed by the
United States against Philip A. Smith
and Kimberly G. Smith, pursuant to
Section 309(b) and (d) of the Clean
Water Act, 33 U.S.C. 1319(b) and (d), to
obtain injunctive relief from and impose
civil penalties against the Defendants
for violating the Clean Water Act by
discharging pollutants without a permit
into waters of the United States. The
proposed Consent Decree resolves
allegations against the Defendants by
requiring Philip A. Smith to pay a
contingent civil penalty if certain
circumstances arise.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Kent E. Hanson, U.S. Department of
Justice, P.O. Box 23986, Washington, DC
20026–3986 and refer to United States
v. Philip A. Smith, et al., DJ #90–5–1–
1–18599.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the Western
District of Washington, 1717 Pacific
Avenue, Room 3100, Tacoma, WA
98402–3200. In addition, the proposed
Consent Decree may be viewed at
https://www.usdoj.gov/enrd/
Consent_Decrees.html.
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment & Natural
Resources Division.
[FR Doc. 2011–26517 Filed 10–13–11; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice is hereby given that on
September 30, 2011, a proposed Consent
Decree in United States of America v.
Newmont USA Limited and Dawn
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[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26517]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree
In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that a proposed Consent Decree regarding the United
States' claims against Defendants in United States v. Philip A. Smith,
et al., Case No. 3:10-cv-05364-BHS, was lodged with the United States
District Court for the Western District of Washington on October 6,
2011.
This proposed Consent Decree concerns a complaint filed by the
United States against Philip A. Smith and Kimberly G. Smith, pursuant
to Section 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and
(d), to obtain injunctive relief from and impose civil penalties
against the Defendants for violating the Clean Water Act by discharging
pollutants without a permit into waters of the United States. The
proposed Consent Decree resolves allegations against the Defendants by
requiring Philip A. Smith to pay a contingent civil penalty if certain
circumstances arise.
The Department of Justice will accept written comments relating to
this proposed Consent Decree for thirty (30) days from the date of
publication of this Notice. Please address comments to Kent E. Hanson,
U.S. Department of Justice, P.O. Box 23986, Washington, DC 20026-3986
and refer to United States v. Philip A. Smith, et al., DJ 90-
5-1-1-18599.
The proposed Consent Decree may be examined at the Clerk's Office,
United States District Court for the Western District of Washington,
1717 Pacific Avenue, Room 3100, Tacoma, WA 98402-3200. In addition, the
proposed Consent Decree may be viewed at https://www.usdoj.gov/enrd/Consent_Decrees.html.
Cherie L. Rogers,
Assistant Section Chief, Environmental Defense Section, Environment &
Natural Resources Division.
[FR Doc. 2011-26517 Filed 10-13-11; 8:45 am]
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