[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)] [Notices] [Pages 13393-13394] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-7108] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Clean Water Act In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is hereby given that a proposed consent decree in United States v. Trail King Industries, Inc., Civil Action No. 94-4238, was lodged on March 4, 1997 with the United States District Court for the District of South Dakota. The action sought civil penalties and injunctive relief against Trail King Industries under Section 309 (b) and (d) of the Clean Water Act (``CWA''), 33 U.S.C. Sec. 1319 (b) and (d). The United States' Complaint alleged various CWA violations associated with Trail King's wastewater discharges containing impermissible levels of zinc and pH from its two plants in Mitchell, South Dakota from at least 1990 to 1994. Under the proposed consent decree, Trail King Industries will pay $400,000 in civil penalties. Trail King will also perform a set of injunctive relief measures, including, its agreement to fully comply with the applicable effluent limitations of the Clean Water Act in its discharges of wastewaters from its plants; its operation and use of the tank and filter press portions of the physical/chemical system (wastewater treatment system) at its West Plant; its construction of a sampling collection point outside Trail King's West Plant for sampling by the City of Mitchell officials and other authorized persons; and establishment of a written sampling protocol, incorporating all applicable requirements of 40 CFR para. 136 and the Wastewater Discharge Permit issued by the City of Mitchell in 1996. In addition, Trail King will conduct an environmental compliance review (audit) of its plants for compliance with the Clean Water Act and the Resource Conservation and Recovery Act (``RCRA''). The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General for the Environment and Natural Resources Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001 and should refer to United States v. Trail King Industries, Inc., DOJ Ref. Nos. 90-5-1-1-3933. The proposed consent decrees may be examined at the United States Attorney's Office, District of South Dakota, Shriver Square, Suite 600, 230 S. Phillips Avenue, Sioux Falls, South Dakota 57102; U.S. Environmental Protection Agency Region VIII Office, [[Page 13394]] 999 18th Street, Suite 500, Denver, CO 80202-2466; and at the Consent Decree Library, 1120 ``G'' Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed decrees may be obtained in person or by mail from the Consent Decree Library at the address listed above. In requesting a copy, please refer to the referenced case and numbers, and enclose a check in the amount of $9.00 (25 cents per page reproduction costs), payable to the Consent Decree Library. Joel M. Gross, Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 97-7108 Filed 3-19-97; 8:45 am] BILLING CODE 4410-15-M