Notice of Lodging of Proposed Consent Decree Under The Clean Water Act, 62765 [2020-21878]
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Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices
Consent Decree may be examined
electronically at https://www.justice.gov/
enrd/consent-decrees.
Cherie Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
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 .........
[FR Doc. 2020–21895 Filed 10–2–20; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
jbell on DSKJLSW7X2PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under The Clean
Water Act
On September, 29, 2020, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the Eastern District of
Louisiana in the lawsuit entitled United
States of America v. Churchill Downs
Louisiana Horseracing Company, LLC d/
b/a Fair Grounds Race Course and Slots
Civil Action No. 2:20-cv-02637.
In this action, the United States, on
behalf of the U.S. Environmental
Protection Agency, filed a Complaint
and proposed Consent Decree pertaining
to Clean Water Act violations at the
Defendant’s horse racing facility in New
Orleans, Louisiana. In the Complaint,
the United States alleged that the
Defendant discharged process
wastewater from its horse-racing and
stabling facility, a concentrated animal
feeding operation, into the New Orleans
municipal separate storm sewer system
and other receiving waters in violation
of the terms and conditions of the
National Pollutant Discharge
Elimination System permit issued to the
Defendant under Section 402 of the Act,
33 U.S.C. 1342. Under the proposed
settlement, the Defendant will pay
$2,790,000.00 in civil penalties and
perform injunctive relief to bring its
facility into compliance with applicable
federal laws and regulations to prevent
future unauthorized discharges to area
waterways.
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 of America v.
Churchill Downs Louisiana Horseracing
Company, LLC d/b/a Fair Grounds Race
Course and Slots, D.J. Ref. No. 90–5–1–
1–11342. 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:
VerDate Sep<11>2014
23:42 Oct 02, 2020
Jkt 253001
During the public comment period,
the proposed 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
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 $21.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Kenneth Long,
Acting Assistant Section Chief,
Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2020–21878 Filed 10–2–20; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Bankruptcy Settlement Agreement
Resolving Environmental Protection
Agency Claims Under the
Comprehensive Environmental
Response, Compensation and Liability
Act
On September 29, 2020, the
Department of Justice lodged a proposed
Settlement Agreement with the United
States Bankruptcy Court for the Western
District of New York (the ‘‘Bankruptcy
Court’’) in the matter of In re:
Tonawanda Coke Corporation, Case No.
18–12156, among the United States on
behalf of the Environmental Protection
Agency (‘‘EPA’’), Debtor Tonawanda
Coke Corporation, the Official
Committee of Unsecured Creditors, and
the New York State Department of Labor
(‘‘New York DOL’’).
The proposed Settlement Agreement
resolves the proof of claim filed by the
United States on behalf of EPA,
asserting a general unsecured claim for
(a) $2,002,200 in stipulated penalties
under a consent decree between the
United States and Debtor in United
States et al. v. Tonawanda Coke Corp.,
1:15–cv–00420 (W.D.N.Y.), and (b)
$11,826.14 in response costs incurred
prior to the October 15, 2019,
bankruptcy petition date under the
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
62765
Comprehensive Environmental
Response, Compensation, and Liability
Act, 42 U.S.C. 9601–9675, performing
the initial stages of a time-critical
removal action to address the release
and threatened release of hazardous
substances at the Debtor’s coke
manufacturing facility in Tonawanda,
New York (‘‘TCC Site’’).
The proposed Settlement Agreement
also resolves the United States’ Motion
for Allowance of Administrative
Expense Claim, Doc. No. 282, which
was amended, Doc. No. 422, asserting
an administrative claim in the amount
of $5,531,521.10, under Section
503(b)(1) of the Bankruptcy Code, 11
U.S.C. 503(b)(1), relating to response
costs incurred after the Petition Date
addressing releases and threatened
releases of hazardous substances at the
TCC Site.
The proposed Settlement Agreement
provides the United States an allowed
administrative expense claim in the
amount of $930,000 plus 83.7% of
certain additional funds in the estate. In
addition, the proposed Settlement
Agreement provides the United States
an allowed general unsecured claim of
$11,826.14 with respect to pre-petition
response costs and $2,002,200 with
respect to stipulated penalties.
The proposed Settlement Agreement
also provides certain recovery rights for
New York DOL based on its claims
under the New York State Worker
Adjustment and Retraining Notification
Act, New York Labor Law §§ 860–860–
I and certain recovery rights for general
unsecured creditors based on general
unsecured claims filed in the
bankruptcy.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments on the proposed resolution of
the United States’ claims set forth in the
Settlement Agreement. Comments
should be addressed to the Assistant
Attorney General for the Environmental
and Natural Resources Division, and
should refer to In re: Tonawanda Coke
Corporation, DOJ Ref. # 90–5–2–1–
09994/1. All comments must be
submitted no later than thirty 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 .........
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Page 62765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21878]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under The Clean
Water Act
On September, 29, 2020, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Louisiana in the lawsuit entitled United States of America
v. Churchill Downs Louisiana Horseracing Company, LLC d/b/a Fair
Grounds Race Course and Slots Civil Action No. 2:20-cv-02637.
In this action, the United States, on behalf of the U.S.
Environmental Protection Agency, filed a Complaint and proposed Consent
Decree pertaining to Clean Water Act violations at the Defendant's
horse racing facility in New Orleans, Louisiana. In the Complaint, the
United States alleged that the Defendant discharged process wastewater
from its horse-racing and stabling facility, a concentrated animal
feeding operation, into the New Orleans municipal separate storm sewer
system and other receiving waters in violation of the terms and
conditions of the National Pollutant Discharge Elimination System
permit issued to the Defendant under Section 402 of the Act, 33 U.S.C.
1342. Under the proposed settlement, the Defendant will pay
$2,790,000.00 in civil penalties and perform injunctive relief to bring
its facility into compliance with applicable federal laws and
regulations to prevent future unauthorized discharges to area
waterways.
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 of America v. Churchill Downs
Louisiana Horseracing Company, LLC d/b/a Fair Grounds Race Course and
Slots, D.J. Ref. No. 90-5-1-1-11342. 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, D.C. 20044-7611
------------------------------------------------------------------------
During the public comment period, the proposed 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 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 $21.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Kenneth Long,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2020-21878 Filed 10-2-20; 8:45 am]
BILLING CODE 4410-15-P
