[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Page 22742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09382]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On April 13, 2015, 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 and State
of Mississippi, by and through the Mississippi Commission on
Environmental Quality v. Cal-Maine Foods, Inc., Civil Action No. 3:15-
cv-00278-HTW-LRA.
The lawsuit was filed against Cal-Maine Foods, Inc. (``Cal-Maine'')
on April, 13, 2015 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 through 49-
17-43, 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.
Secs. 49-17-29(2) and 49-17-43(1) for unauthorized discharges of
pollutants into waters of the United States and the State of
Mississippi, and noncompliance with National Pollutant Discharge
Elimination System (``NPDES'') permit conditions, including failure to
conduct quarterly storm water monitoring, failure to timely submit
annual discharge monitoring reports, violation of buffer setback
requirements for application of wastewater to fields, application of
manure, litter and/or process wastewater during prohibited periods,
application of manure, litter and/or process wastewater in exceedance
of the rates set for nitrogen, and failure to maintain land application
records.
The proposed consent decree contains injunctive relief, including
(a) compliance with land application standard operating procedures,
including (i) maintaining a 35 foot wide vegetated buffer, (ii)
applying all nutrients in accordance with specified application rates,
(iii) monitoring land application equipment during application, and
(iv) creating and maintaining land application records at the facility;
(b) compliance with production area standard operating procedures,
including (i) inspecting each production area, (ii) documenting the
results of such inspections, (iii) taking any necessary corrective
measures, including actions necessary to eliminate discharges of
pollutants to waters of the United States and/or the state, (iv)
creating and maintaining production area inspection and corrective
action records, and (v) reporting any discharges of pollutants from the
production areas to waters of the United States and/or state; and (c)
implementation and compliance with the employee training policy. Cal-
Maine has also agreed to pay a penalty of $475,000, of which $237,500
will be paid to the United States and $237,500 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 and State of Mississippi, by and through
the Mississippi Commission on Environmental Quality v. Cal-Maine Foods,
Inc., D.J. Ref. No. 90-5-1-1-10734. 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............................ [email protected].
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 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 $19.25 (25 cents per page
reproduction cost) payable to the United States Treasury for a copy of
the consent decree with Appendices, or $12.50 (25 cents per page
reproduction cost) for a copy of the consent decree without Appendices.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2015-09382 Filed 4-22-15; 8:45 am]
BILLING CODE 4410-15-P