Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 46287 [2017-21293]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices Corporation, El Paso Natural Gas Company LLC, and Homestake Mining Company of California (collectively, the ‘‘mining companies’’) at the San Mateo Uranium Mine Site in Cibola County, New Mexico (the ‘‘Site’’). The Site is largely located within the Cibola National Forest, which is land managed by the United States Forest Service (‘‘USFS’’), a sub-agency of the United States Department of Agriculture (‘‘USDA’’). Pursuant to its authority under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., the USFS issued a unilateral administrative order (‘‘UAO’’) to the mining companies requiring them to perform response actions to address the hazardous substances at the Site. In 2015, the mining companies filed a complaint against the United States under Section 107 of CERCLA, 42 U.S.C. 9607, seeking to recover the response costs incurred by the mining companies in implementing the UAO. The United States filed a counterclaim on behalf of the USFS, USDA, and the United States Environmental Protection Agency (‘‘EPA’’) against the mining companies under Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, for the United States’ past and future response costs at the Site. The proposed Consent Decree would resolve claims and counterclaims asserted by the mining companies and the United States. The United States will pay $1.595 million to the mining companies and the mining companies will pay $25,000 to the EPA Hazardous Substance Superfund (‘‘Superfund’’). The United States covenants to not sue the mining companies under Section 106 or 107 of CERCLA, 42 U.S.C. 9606 and 9607, for past and future work by the mining companies related to implementation of the UAO or the United States’ response costs. The mining companies will be entitled to protection from contribution actions or claims under Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), for matters addressed in the proposed Consent Decree. Pursuant to the proposed Consent Decree, the mining companies covenant not to bring any claims against the United States for the work related to implementation of the UAO, other response actions, the United States’ response costs, or the mining companies’ response costs. The USFS, USDA, and the United States Department of Energy, as settling federal agencies, agree not to assert a claim for reimbursement from the Superfund with respect to work related to the VerDate Sep<11>2014 20:18 Oct 03, 2017 Jkt 244001 implementation of the UAO, past response actions, United States response costs, or the mining companies’ response costs. The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United Nuclear Corp., et al., v. United States of America, D.J. Ref. No. 90–11–3–11380. 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, DC 20044–7611. By mail ........ During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed 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 $24.00 (25 cents per page reproduction cost) payable to the United States Treasury. 46287 of Sections 307 and 308 of the Clean Water Act (CWA), 33 U.S.C. 1317–1318, the terms of the City’s National Pollutant Discharge Elimination System permit (NPDES permit), federal pretreatment regulations found at 40 CFR 403, and State laws NRS 445A.500– 530. The proposed settlement requires the City to comply with its NPDES permit issued under the CWA, the federal pretreatment regulations (40 CFR 403) and State laws NRS 445A.500–530. The proposed settlement also requires the City to submit its recently developed pretreatment program to the United States Environmental Protection Agency for final approval and to pay a civil penalty amount of $385,000 to be divided equally between the United States and the State. The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division and should refer to United States and the State of Nevada v. The City of North Las Vegas, Civil Action No. 2:17–cv–02508, D.J. Ref. No. 90–5–1–1–11443. 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, DC 20044–7611. By mail ......... Thomas P. Carroll, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. During the public comment period, the proposed Consent Decree may be [FR Doc. 2017–21353 Filed 10–3–17; 8:45 am] examined and downloaded at this BILLING CODE 4410–15–P Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the DEPARTMENT OF JUSTICE proposed Consent Decree upon written request and payment of reproduction Notice of Lodging of Proposed Consent Decree Under the Clean Water costs. Please mail your request and payment to: Consent Decree Library, Act U.S. DOJ—ENRD, P.O. Box 7611, On September 27, 2017, the Washington, DC 20044–7611. Department of Justice lodged a proposed Please enclose a check or money order Consent Decree with the United States for $7.75 (25 cents per page District Court for the District of Nevada reproduction cost) payable to the United in the lawsuit entitled United States and States Treasury. the State of Nevada v. The City of North Henry Friedman, Las Vegas, Civil Action No. 2:17–cv– Assistant Section Chief, Environmental 02508. Enforcement Section, Environment and In this action, the United States and Natural Resources Division. the State of Nevada filed a complaint alleging claims against the City of North [FR Doc. 2017–21293 Filed 10–3–17; 8:45 am] Las Vegas (City) for the City’s violations BILLING CODE 4410–15–P PO 00000 Frm 00077 Fmt 4703 Sfmt 9990 E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Page 46287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21293]


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DEPARTMENT OF JUSTICE


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

    On September 27, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Nevada in the lawsuit entitled United States and the State of Nevada 
v. The City of North Las Vegas, Civil Action No. 2:17-cv-02508.
    In this action, the United States and the State of Nevada filed a 
complaint alleging claims against the City of North Las Vegas (City) 
for the City's violations of Sections 307 and 308 of the Clean Water 
Act (CWA), 33 U.S.C. 1317-1318, the terms of the City's National 
Pollutant Discharge Elimination System permit (NPDES permit), federal 
pretreatment regulations found at 40 CFR 403, and State laws NRS 
445A.500-530.
    The proposed settlement requires the City to comply with its NPDES 
permit issued under the CWA, the federal pretreatment regulations (40 
CFR 403) and State laws NRS 445A.500-530. The proposed settlement also 
requires the City to submit its recently developed pretreatment program 
to the United States Environmental Protection Agency for final approval 
and to pay a civil penalty amount of $385,000 to be divided equally 
between the United States and the State.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division 
and should refer to United States and the State of Nevada v. The City 
of North Las Vegas, Civil Action No. 2:17-cv-02508, D.J. Ref. No. 90-5-
1-1-11443. 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:

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         To submit comments:                     Send them to:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $7.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-21293 Filed 10-3-17; 8:45 am]
BILLING CODE 4410-15-P