[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Page 41083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16356]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On July 2, 2013, the Department of Justice lodged a proposed
Consent Decree (``Consent Decree'') with the United States District
Court for the Western District of Arkansas in the lawsuit entitled
United States et al. v. Arkansas Egg Company, Inc., Civil Action No.
5:13-cv-05127-JLH.
In this action the United States, acting on behalf of the U.S.
Environmental Protection Agency, and joined by the State of Arkansas,
acting on behalf of the Arkansas Department of Environmental Quality,
filed a complaint against Arkansas Egg Company, Inc., an owner and
operator of a chicken egg facility in Summers, Arkansas, seeking civil
penalties and injunctive relief for unpermitted discharges of
pollutants into waters of the United States and the State, in violation
of Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. 1311(a), and
the Arkansas Water and Air Pollution Control Act, Ark. Code Ann.
section 8-4-101 et seq. The Consent Decree resolves the Complaint's
allegations and requires the Settling Defendant, Arkansas Egg Company,
Inc., to pay a $10,000 civil penalty to the United States and the State
of Arkansas, which is based on a limited ability to pay. Additionally,
under the Consent Decree Arkansas Egg Company, Inc., will remove the
contents of and permanently close two on-site lagoons; monitor
groundwater during and after the lagoon closure process; and dispose of
egg washwater under a state permit for an on-site septic and leach
field system.
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. Arkansas Egg Company, Inc., D.J. Ref.
No. 90-5-1-1-09991. 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 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 $46.25 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits, the cost is $14.50.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-16356 Filed 7-8-13; 8:45 am]
BILLING CODE 4410-15-P