[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]


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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