Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 9806-9807 [2020-03292]

Download as PDF lotter on DSKBCFDHB2PROD with NOTICES 9806 Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices initial submissions should include views on the recommended determination by the ALJ on remedy and bonding. Complainant and the Commission Investigative Attorney are also requested to identify the form of remedy sought and to submit proposed remedial orders for the Commission’s consideration in their initial written submissions. Complainant is further requested to state the dates that the Asserted Patents expire, the HTSUS numbers under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. The written submissions and proposed remedial orders must be filed no later than close of business on February 27, 2020. Reply submissions must be filed no later than the close of business on March 5, 2020. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to Commission Rule 210.4(f), 19 CFR 210.4(f). Submissions should refer to the investigation number (Inv. No. 337–TA– 1139) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in Part 210 of the Commission’s Rules of Practice and Procedure, 19 CFR part 210. By order of the Commission. Issued: February 13, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–03346 Filed 2–19–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On February 10, 2020, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Maine in the lawsuits entitled United States of America v. Grimmel Industries, Inc., et al., Civil Action No. 2:16–cv–190 (LEW), and United States of America v. Kennebec Scrap Iron, Inc., Civil Action No. 1:16–191 (LEW). The United States filed the complaints in these Clean Water Act cases against the Defendants on April 1, 2016. The United States District Court for the District of Maine consolidated these actions on May 7, 2019. The complaints alleged that the Defendants, Grimmel Industries, Inc., Grimmel Industries LLC, Gary Grimmel, and Kennebec Scrap Iron, Inc., violated the stormwater Multi-Sector General Permits (‘‘MSGPs’’) issued by the Maine Department of Environmental Protection under Section 402(b) of the Clean Water Act, 42 U.S.C. 1342(b). The complaints sought civil penalties and injunctive relief for alleged violations of the permits at scrap metal facilities operated by Defendants located at 80 Pejepscot Village, Topsham, Maine, 50 River Road, Lewiston, Maine, and 48 Broomhandle Road, Oakland, Maine (the ‘‘Facilities’’). The alleged violations included inadequate stormwater pollution prevention plans; failure to PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 effectively maintain stormwater best management practices; failure to perform good housekeeping procedures; failure to conduct or properly conduct benchmark monitoring and quarterly visual monitoring; failure to properly perform monitoring as ordered by the Maine Department of Environmental Protection; failure to conduct quarterly site evaluations; and failure to properly train employees. The Grimmel Industries complaint also alleged failures to comply with Spill Prevention Control and Countermeasure (‘‘SPCC’’) requirements under 40 CFR part 112. Under the Proposed Consent Decree, the United States will dismiss Defendant Gary Grimmel without prejudice. The remaining Defendants must revise their stormwater management plans and revise sampling procedures at the Facilities in accordance with the current stormwater permit issued by the Maine Department of Environmental Protection. The remaining Defendants must pay $250,000 in civil penalties, $25,000 of which will be allocated to the Oil Spill Liability Trust Fund in satisfaction of the alleged violations of the SPCC regulations. Under the proposed consent decree, the United States covenants not to sue the Defendants under Sections 309(b), 309(g), or 311(b)(6)–(7)(C) of the Clean Water Act, 33 U.S.C. 1319(b), 1319(g) and 1321(b)(6)–(7)(C), for civil violations at the Facilities through the date of lodging of the consent decree related to the MSGPs, or of the SPCC regulations promulgated at 40 CFR part 112. 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, Environmental Enforcement Section, and should refer to United States v. Grimmel Industries, Inc., et al., D.J. Ref. No. 90–5–1–1–11209. 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 website: https:// E:\FR\FM\20FEN1.SGM 20FEN1 Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices on behalf of The Doe Run Company, a former Missouri general partnership). Under CERCLA, federal and state natural resource trustees have authority to seek compensation for natural resources harmed by hazardous substances released to the environment from historic lead mining, milling, and smelting operations in the Viburnum Trend and at the Herculaneum Lead Smelter. The natural resource trustees here include the U.S. Department of the Interior, acting through the U.S. Fish Henry Friedman, and Wildlife Service, the U.S. Assistant Section Chief, Environmental Department of Agriculture, acting Enforcement Section, Environment and through the U.S. Forest Service, and the Natural Resources Division. State of Missouri, Department of Natural [FR Doc. 2020–03292 Filed 2–19–20; 8:45 am] Resources (the ‘‘Trustees’’). Under the Proposed Consent Decree, BILLING CODE 4410–15–P Doe Run will perform natural resource restoration work in accordance with the DEPARTMENT OF JUSTICE RP/EAs on approximately 2,080 acres of land and 10 miles of streams, and will Notice of Lodging of Proposed donate approximately 1,100 acres of Consent Decree Under the ecologically significant property, in Comprehensive Environmental addition to reimbursing certain future Response, Compensation, and Liability restoration and implementation costs of Act and Request for Comments on the Trustees. Homestake will pay a total Draft Restoration Plans and of $1.9 million to the Trustees for past Environmental Assessments assessment costs and future restoration and implementation costs and will On February 11, 2020, the Department provide funding and financial assurance of Justice lodged a proposed Consent for a portion of Doe Run’s restoration Decree and two draft Restoration Plan measures. The United States will grant and Environmental Assessments (‘‘RP/ a covenant not to sue or to take EAs’’) with the United States District administrative action against the Court for the Eastern District of Missouri Settling Defendants for NRD pursuant to in the lawsuit entitled United States and Section 107(a) of CERCLA, 42 U.S.C. State of Missouri v. The Doe Run 9607(a), and Section 311 of the Clean Resources Corporation, et al., Civil Water Act, 33 U.S.C. 1321. Action No. 4:20–cv–00234. The RP/EAs present the restoration The United States and State of projects proposed by the Trustees to Missouri asserted claims in this case restore natural resources injured by under Section 107 of the hazardous substances released in and Comprehensive Environmental around the Viburnum Trend and the Response, Compensation and Liability Herculaneum Lead Smelter. Consistent Act (CERCLA), 42 U.S.C. 9607, and with the natural resource damages Section 644.096, Rev. Stat. Mo., of the assessment and restoration (‘‘NRDAR’’) Missouri Clean Water Law, seeking to regulations, 43 CFR part 11, and the recover natural resource damages (NRD) National Environmental Policy Act of in response to releases of hazardous 1969 (‘‘NEPA’’), as amended, 42 U.S.C. substances resulting from historic lead 4321–4347 et seq., and its implementing mining, milling, and smelting regulations at 40 CFR parts 1500–1508, operations at eleven facilities located in the Trustees evaluated a suite of the Viburnum Trend, a portion of the alternatives in each RP/EA for Southeast Missouri Lead Mining conducting the type and scale of District, and at the Herculaneum Lead restoration sufficient to compensate the Smelter in Jefferson County, Missouri. public for natural resource injuries and The proposed Consent Decree resolves service losses. Based on selection factors these claims against The Doe Run including location, technical feasibility, Resources Corporation (‘‘Doe Run’’) (in cost effectiveness, provision of natural its own capacity and on behalf of The resource services similar to those lost Doe Run Company, a former Missouri due to contamination, and net general partnership, St. Joe Minerals environmental consequences, the Company, and St. Joseph Lead Trustees identified a preferred Company), the Buick Resource alternative in each RP/EA. The preferred alternative for the Recycling Facility, LLC, and Homestake Viburnum Trend includes restoration of Lead Company of Missouri injured stream reaches, enhanced (‘‘Homestake’’) (in its own capacity and lotter on DSKBCFDHB2PROD with NOTICES www.justice.gov/enrd/consent-decrees. 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 $7.75 (25 cents per page reproduction cost) payable to the United States Treasury. VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 9807 closure of areas impacted by tailings impoundments, restoration and revegetation of injured soils, and the transfer and protection of ecologically significant property to the Trustees or their designees. The preferred alternative for the Herculaneum Lead Smelter calls for the transfer and protection of ecologically significant property to the Trustees or their designees. The publication of this notice opens a period for public comment on the Consent Decree and the RP/EAs. Comments on the Consent Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Missouri v. The Doe Run Resources Corporation, et al., D.J. Ref. No. 90–11– 3–10845/1. 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 ....... 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 website: https:// www.justice.gov/enrd/consent-decrees. 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 $47.50 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy of the Consent Decree without the exhibits and signature pages, the cost is $12.00. For a paper copy of the RP/EAs only, the cost is $17.00. Comments on the RP/EA should be addressed to Dave Mosby, and reference ‘‘Viburnum Trend and Herculaneum RP/EAs’’ in the subject line. All comments on the RP/EAs 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: E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

Department of Justice

[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9806-9807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03292]


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DEPARTMENT OF JUSTICE


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

    On February 10, 2020, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Maine in the lawsuits entitled United States of America v. Grimmel 
Industries, Inc., et al., Civil Action No. 2:16-cv-190 (LEW), and 
United States of America v. Kennebec Scrap Iron, Inc., Civil Action No. 
1:16-191 (LEW).
    The United States filed the complaints in these Clean Water Act 
cases against the Defendants on April 1, 2016. The United States 
District Court for the District of Maine consolidated these actions on 
May 7, 2019. The complaints alleged that the Defendants, Grimmel 
Industries, Inc., Grimmel Industries LLC, Gary Grimmel, and Kennebec 
Scrap Iron, Inc., violated the stormwater Multi-Sector General Permits 
(``MSGPs'') issued by the Maine Department of Environmental Protection 
under Section 402(b) of the Clean Water Act, 42 U.S.C. 1342(b). The 
complaints sought civil penalties and injunctive relief for alleged 
violations of the permits at scrap metal facilities operated by 
Defendants located at 80 Pejepscot Village, Topsham, Maine, 50 River 
Road, Lewiston, Maine, and 48 Broomhandle Road, Oakland, Maine (the 
``Facilities''). The alleged violations included inadequate stormwater 
pollution prevention plans; failure to effectively maintain stormwater 
best management practices; failure to perform good housekeeping 
procedures; failure to conduct or properly conduct benchmark monitoring 
and quarterly visual monitoring; failure to properly perform monitoring 
as ordered by the Maine Department of Environmental Protection; failure 
to conduct quarterly site evaluations; and failure to properly train 
employees. The Grimmel Industries complaint also alleged failures to 
comply with Spill Prevention Control and Countermeasure (``SPCC'') 
requirements under 40 CFR part 112.
    Under the Proposed Consent Decree, the United States will dismiss 
Defendant Gary Grimmel without prejudice. The remaining Defendants must 
revise their stormwater management plans and revise sampling procedures 
at the Facilities in accordance with the current stormwater permit 
issued by the Maine Department of Environmental Protection. The 
remaining Defendants must pay $250,000 in civil penalties, $25,000 of 
which will be allocated to the Oil Spill Liability Trust Fund in 
satisfaction of the alleged violations of the SPCC regulations. Under 
the proposed consent decree, the United States covenants not to sue the 
Defendants under Sections 309(b), 309(g), or 311(b)(6)-(7)(C) of the 
Clean Water Act, 33 U.S.C. 1319(b), 1319(g) and 1321(b)(6)-(7)(C), for 
civil violations at the Facilities through the date of lodging of the 
consent decree related to the MSGPs, or of the SPCC regulations 
promulgated at 40 CFR part 112.
    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, 
Environmental Enforcement Section, and should refer to United States v. 
Grimmel Industries, Inc., et al., D.J. Ref. No. 90-5-1-1-11209. 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............................  [email protected].
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 website: https://

[[Page 9807]]

www.justice.gov/enrd/consent-decrees. 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 $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. 2020-03292 Filed 2-19-20; 8:45 am]
 BILLING CODE 4410-15-P

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