Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 13675 [2014-05226]
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Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
DEPARTMENT OF JUSTICE
emcdonald on DSK67QTVN1PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On March 5, 2014, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Southern District of
Mississippi in the lawsuit entitled
United States, State of Mississippi, by
and through Mississippi Commission on
Environmental Quality v. Total
Environmental Solutions, Inc. and
Utility Services, LLC, Civil Action No.
1:14–cv–001114–LG–JMR.
The lawsuit was filed against Total
Environmental Solutions, Inc. (‘‘TESI’’)
and Utility Services, LLC on March 3,
2014 pursuant to Clean Water Act
(‘‘CWA’’) Sections 309(b) and (d), 33
U.S.C. 1319(b) and (d), and the
Mississippi Air and Water Pollution
Control Law, Miss. Code Ann. § 49–17–
1 et seq., seeking penalties and
injunctive relief under Sections 301 and
402 of the CWA, 33 U.S.C. 1311 and
1342, and under Miss. Code Ann. §§ 49–
17–23(2), 49–17–29 and 49–17–43(1) for
(1) unpermitted discharges of untreated
sewage into navigable waters and waters
of the State of Mississippi; (2) failure to
comply with certain National Pollutant
Discharge Elimination System
(‘‘NPDES’’) effluent permit conditions;
(3) failure to comply with standard
NPDES permit conditions, including
failure to monitor or report the results
of requiring monitoring of pollutants in
its water discharges from July 2007 to
June 2010.
The proposed Consent Decree
contains injunctive relief, including
effluent monitoring and management, a
sanitary sewer overflow plan, and the
following operation and maintenance
programs: (a) A comprehensive
performance evaluation and
development of a composite correction
plan; (b) a sewer overflow response
program; (c) an emergency operations
and maintenance plan; (d) a training
program; (e) an information
management system program; (f) a sewer
mapping program; (g) a financing and
cost analysis program; (h) a fats, oils and
grease public education program; (i) a
pump station operations program; (j) a
gravity line preventive maintenance
program; and (k) a pump station
preventive maintenance program.
Utility Services intends to purchase the
facilities from TESI and then assume the
responsibilities of TESI to perform the
injunctive relief. TESI also has agreed to
pay a penalty of $225,000, of which
$112,500 will be paid to the United
States, and $112,500 will be paid to the
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
Mississippi Department of
Environmental Quality.
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, State of Mississippi, by
and through Mississippi Commission on
Environmental Quality v. Total
Environmental Solutions, Inc. and
Utility Services, LLC, Civil Action No.
1:14–cv–001114–LG–JMR, D.J. Ref. No.
90–5–1–1–09955. 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.
Assistant Attorney General,
U.S. DOJ—ENRD,
P.O. Box 7611,
Washington, D.C. 20044–7611.
By mail .....
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
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 $63.25 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy of the
Consent Decree without Appendix B—
EPA Region IV Guidance on Capacity,
Management, Operation and
Maintenance (‘‘CMOM’’) programs, the
cost is $18.50.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2014–05226 Filed 3–10–14; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On March 5, 2014, the Department of
Justice lodged a proposed consent
decree with the United States District
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
13675
Court for the Southern District of West
Virginia in a lawsuit entitled United
States, et al. v. Alpha Natural
Resources, Inc., et al., Civil Action No.
2:14–cv–11609.
The proposed Consent Decree will
resolve Clean Water Act claims alleged
in this action by the United States, the
State of West Virginia, the Pennsylvania
Department of Environmental
Protection, and the Commonwealth of
Kentucky against Alpha Natural
Resources, Inc. and 59 of its
subsidiaries 1 (collectively, ‘‘Alpha’’) for
the discharge of pollutants into state
waters and waters of the United States
in violation of limits in National
Pollutant Discharge Elimination System
(‘‘NPDES’’) permits. The Consent Decree
will also resolve claims against Alpha
Natural Resources, Inc. and Cumberland
Coal Resources, LP for discharging
pollutants into state waters and waters
of the United States without complying
with the requirements for obtaining an
NPDES permit.
Under the proposed Consent Decree,
Defendants will perform injunctive
relief including: (1) Development and
implementation of an environmental
management system and periodic
internal and third-party environmental
compliance auditing; (2) data tracking
and evaluation measures, including
centralized audit and violations
databases to track information relevant
to compliance efforts at each outfall; (3)
response measures for effluent limit
violations, including consultation with
a third-party expert and automatic
stipulated penalties; (4) construction
and operation of a specified treatment
system to address violations of osmotic
1 Alpha Natural Resources, Inc.; Alpha
Appalachia Holdings, Inc.; Alex Energy, Inc.; Alpha
PA Coal Terminal, LLC; Amfire Mining Company,
LLC; Aracoma Coal Co., Inc.; Bandmill Coal Corp.;
Belfry Coal Corp.; Big Bear Mining Co.; Brooks Run
Mining Company, LLC; Brooks Run South Mining
LLC; Clear Fork Coal Co.; Cumberland Coal
Resources, LP; Delbarton Mining Co.; DickensonRussell Coal Company, LLC; Duchess Coal Co.;
Eagle Energy, Inc.; Elk Run Coal Co., Inc.; Emerald
Coal Resources, LP; Enterprise Mining Company,
LLC; Goals Coal Co.; Greyeagle Coal Co.; Harlan
Reclamation Services LLC; Herndon Processing Co.,
LLC; Highland Mining Co.; Independence Coal
Company, Inc.; Jacks Branch Coal Co.; Kanawha
Energy Co.; Kepler Processing Co., LLC; Kingston
Mining, Inc.; Kingwood Mining Co., LLC; Knox
Creek Coal Corp.; Litwar Processing Co., LLC;
Marfork Coal Co.; Martin County Coal Corp.; New
Ridge Mining Co.; Omar Mining Co.; Paramont Coal
Company Virginia, LLC; Paynter Branch Mining,
Inc.; Peerless Eagle Coal Co.; Performance Coal Co.;
Peter Cave Mining; Pigeon Creek Processing Corp.;
Pioneer Fuel Corp.; Power Mountain Coal Co.;
Premium Energy, LLC; Rawl Sales & Processing Co.;
Resource Land Co.; Riverside Energy Co., LLC; Road
Fork Development Co.; Rockspring Development,
Inc.; Rum Creek Coal Sales, Inc.; Sidney Coal Co.;
Spartan Mining Co.; Stirrat Coal Co.; Sycamore
Fuels Inc.; Tennessee Consolidated Coal Company;
Trace Creek Coal Co.; and Twin Star Mining, Inc.
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Page 13675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05226]
[[Page 13675]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On March 5, 2014, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of Mississippi in the lawsuit entitled United States, State of
Mississippi, by and through Mississippi Commission on Environmental
Quality v. Total Environmental Solutions, Inc. and Utility Services,
LLC, Civil Action No. 1:14-cv-001114-LG-JMR.
The lawsuit was filed against Total Environmental Solutions, Inc.
(``TESI'') and Utility Services, LLC on March 3, 2014 pursuant to Clean
Water Act (``CWA'') Sections 309(b) and (d), 33 U.S.C. 1319(b) and (d),
and the Mississippi Air and Water Pollution Control Law, Miss. Code
Ann. Sec. 49-17-1 et seq., seeking penalties and injunctive relief
under Sections 301 and 402 of the CWA, 33 U.S.C. 1311 and 1342, and
under Miss. Code Ann. Sec. Sec. 49-17-23(2), 49-17-29 and 49-17-43(1)
for (1) unpermitted discharges of untreated sewage into navigable
waters and waters of the State of Mississippi; (2) failure to comply
with certain National Pollutant Discharge Elimination System
(``NPDES'') effluent permit conditions; (3) failure to comply with
standard NPDES permit conditions, including failure to monitor or
report the results of requiring monitoring of pollutants in its water
discharges from July 2007 to June 2010.
The proposed Consent Decree contains injunctive relief, including
effluent monitoring and management, a sanitary sewer overflow plan, and
the following operation and maintenance programs: (a) A comprehensive
performance evaluation and development of a composite correction plan;
(b) a sewer overflow response program; (c) an emergency operations and
maintenance plan; (d) a training program; (e) an information management
system program; (f) a sewer mapping program; (g) a financing and cost
analysis program; (h) a fats, oils and grease public education program;
(i) a pump station operations program; (j) a gravity line preventive
maintenance program; and (k) a pump station preventive maintenance
program. Utility Services intends to purchase the facilities from TESI
and then assume the responsibilities of TESI to perform the injunctive
relief. TESI also has agreed to pay a penalty of $225,000, of which
$112,500 will be paid to the United States, and $112,500 will be paid
to the Mississippi Department of Environmental Quality.
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, State of Mississippi, by and through
Mississippi Commission on Environmental Quality v. Total Environmental
Solutions, Inc. and Utility Services, LLC, Civil Action No. 1:14-cv-
001114-LG-JMR, D.J. Ref. No. 90-5-1-1-09955. 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, D.C. 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: https://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 $63.25 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy of the Consent Decree without Appendix B--EPA Region IV Guidance
on Capacity, Management, Operation and Maintenance (``CMOM'') programs,
the cost is $18.50.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2014-05226 Filed 3-10-14; 8:45 am]
BILLING CODE 4410-15-P
