Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 42801-42802 [2013-17088]

Download as PDF Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Notices Issued: July 11, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–17081 Filed 7–16–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE ehiers on DSK2VPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On July 9, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Florida, Southern Division in the lawsuit entitled United States of America v. Stewart Gammill III. Civil Action No. 1:12cv134 HSO–RHW. The United States had filed a complaint against Stewart Gammill (Mr. Gammill) and his spouse Lynn Crosby Gammill (Mrs. Gammill) on April 30, 2012. The complaint alleged claims of the United States against Mr. and Mrs. Gammill under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (CERCLA), 42 U.S.C. 9607(a), for recovery of unreimbursed costs incurred by the United States with respect to the Picayune Wood Treating Superfund Site located in Picayune, Pearl River County, Mississippi (the Site). Mr. Gammill is liable as a past owner and operator of Crosby Wood Preserving Company a woodtreating facility on a portion of the Site from 1964 through at least 1970. The United States has agreed to resolve the claims against Stewart Gammill only on an ability to pay basis. Under the proposed Consent Decree, Mr. Gammill will pay two million dollars ($2,000,000) in no more than two installments with the first installment payment of no less than one million dollars ($1,000,000) due within 60 days of the Decree entry. The subsequent installment payment of the remaining balance is due 120 days after the effective date and shall include an additional sum for interest accrued on the unpaid portion of the principal amount. Under the proposed Consent Decree, the United States covenants not to sue under CERCLA Sections 106 and 107 subject to statutory reopeners and other reserved rights. The covenants are conditioned upon the satisfactory performance of all obligations under the Consent Decree and upon the veracity and completeness of all financial information provided by Mr. Gammill. VerDate Mar<15>2010 14:23 Jul 16, 2013 Jkt 229001 The United States is still pursuing its claim against Mrs. Gammill in this action. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America v. Stewart Gammill III. Civil Action No. 1:12cv134 HSO–RHW; D.J. Ref. No. 90–11–2– 09451/1. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: Send them to: By email ....... By mail ......... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044– 7611. During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ B ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $4.75 (25 cents per page reproduction costs for 19 pages) payable to the United States Treasury. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–17080 Filed 7–16–13; 8:45 am] 1319(e), Civil Action No. 7:13-cv-144– BO. The Consent Decree resolves claims against the Defendants under Sections 301 and 402 of the Clean Water Act (the ‘‘Act’’), 33 U.S.C. 1311 and 1342, for discharges of pollutants from unpermitted point sources, and for violations of operation and maintenance requirements of the Defendants’ National Pollutant Discharge Elimination System (‘‘NPDES’’) permits from at least 2003 through the date of filing of the complaint and the lodging of this Consent Decree. The Consent Decree requires the Cape Fear Public Utility Authority (the ‘‘Authority’’) to implement injunctive relief within approximately two years from entry of the Consent Decree with the goal of eliminating sanitary sewer overflows (‘‘SSOs’’). The Consent Decree sets forth specific actions the Authority must take to achieve compliance with the Act. In addition, the Consent Decree requires the payment of a civil penalty of $300,000. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. City of Wilmington, New Hanover County, and Cape Fear Public Utility Authority,(the ‘‘Defendants’’) and the State of North Carolina, D.O.J. No. 90–5–1–1–09405. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcommentees.enrd@usdoj.gov. Assistant Attorney General U.S. DOJ—ENRD P.O. Box 7611 Washington, DC 20044–7611 By mail ......... BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 11, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of North Carolina (Southern Division) in the lawsuit entitled United States v. City of Wilmington, N.C., New Hanover County, N.C., and Cape Fear Public Utility Authority, (the ‘‘Defendants’’) and the State of North Carolina, as a Necessary Party required by 33 U.S.C. Section PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 42801 During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $14.75 (25 cents per page E:\FR\FM\17JYN1.SGM 17JYN1 42802 Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Notices reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–17088 Filed 7–16–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act On July 11, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v. James Ballengee, et al, Civil Action No. 5:11–CV–01781. The United States filed this lawsuit against James Ballengee, Lisbon Processing, L.L.C., and Lisbon Refinery J.V., L.L.C. under the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act. The United States’ complaint seeks injunctive relief and civil penalties for violation of the above referenced acts at defendants’ petroleum storage and processing facility in Lisbon, Louisiana. The consent decree requires the defendants to perform injunctive relief and pay a $130,000 penalty. The publication of the notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. James Ballengee, et al, D.J. Ref. No. 90–5–2–1–09242. All comments must be submitted no later than forty-five (45) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcommentees.enrd@usdoj.gov. Assistant Attorney General U.S. DOJ—ENRD P.O. Box 7611 Washington, D.C. 20044– 7611. ehiers on DSK2VPTVN1PROD with NOTICES By mail ......... During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the consent decree upon VerDate Mar<15>2010 14:23 Jul 16, 2013 Jkt 229001 written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $10.00 (25 cents per page reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–17094 Filed 7–16–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121–0030] Agency Information Collection Activities; Proposed Collection; Comments Requested Extension of a Currently Approved Collection: Capital Punishment Report of Inmates Under Sentence of Death ACTION: 60-Day notice. The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collected is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until September 16, 2013. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Tracy L. Snell, Statistician, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street NW., Washington, DC 20531 (phone: 202– 616–3288). Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. Overview of this information collection: (1) Type of information collection: Extension of a currently approved collection. (2) The title of the Form/Collection: Capital Punishment Report of Inmates Under Sentence of Death. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Numbers: NPS–8 Report of Inmates Under Sentence of Death; NPS–8A Update Report of Inmates Under Sentence of Death; NPS– 8B Status of Death Penalty Statutes—No Statute in Force; and NPS–8C Status of Death Penalty Statutes—Statute in Force. Bureau of Justice Statistics, Office of Justice Programs, United States Department of Justice. (4) Affected public who will be asked to respond, as well as a brief abstract: Primary: State Departments of Corrections and Attorneys General. Others: The Federal Bureau of Prisons. Staff responsible for keeping records on inmates under sentence of death in their jurisdiction and in their custody were asked to provide information for each individual under sentence of death for the following categories: condemned inmates’ demographic characteristics, legal status at the time of capital offense, capital offense for which imprisoned, number of death sentences imposed, criminal history information, reason for removal and current status if no longer under sentence of death, method of execution, and cause of death by means other than execution. Personnel in the offices of each Attorney General are asked to provide information regarding the status of death penalty laws and any changes to the laws enacted during the reference year. The Bureau of Justice Statistics uses this information in published reports and in responding to queries from the U.S. Congress, E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42801-42802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17088]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On July 11, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of North Carolina (Southern Division) in the lawsuit entitled 
United States v. City of Wilmington, N.C., New Hanover County, N.C., 
and Cape Fear Public Utility Authority, (the ``Defendants'') and the 
State of North Carolina, as a Necessary Party required by 33 U.S.C. 
Section 1319(e), Civil Action No. 7:13-cv-144-BO. The Consent Decree 
resolves claims against the Defendants under Sections 301 and 402 of 
the Clean Water Act (the ``Act''), 33 U.S.C. 1311 and 1342, for 
discharges of pollutants from unpermitted point sources, and for 
violations of operation and maintenance requirements of the Defendants' 
National Pollutant Discharge Elimination System (``NPDES'') permits 
from at least 2003 through the date of filing of the complaint and the 
lodging of this Consent Decree. The Consent Decree requires the Cape 
Fear Public Utility Authority (the ``Authority'') to implement 
injunctive relief within approximately two years from entry of the 
Consent Decree with the goal of eliminating sanitary sewer overflows 
(``SSOs''). The Consent Decree sets forth specific actions the 
Authority must take to achieve compliance with the Act. In addition, 
the Consent Decree requires the payment of a civil penalty of $300,000.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. City of Wilmington, New Hanover 
County, and Cape Fear Public Utility Authority,(the ``Defendants'') and 
the State of North Carolina, D.O.J. No. 90-5-1-1-09405. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. Comments may be submitted either by email or by 
mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to:
    Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, 
DC 20044-7611.
    Please enclose a check or money order for $14.75 (25 cents per page

[[Page 42802]]

reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-17088 Filed 7-16-13; 8:45 am]
BILLING CODE 4410-15-P