[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Pages 64408-64409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25652]



Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on October 23, 2014, the U.S. 
Department of Justice lodged a proposed consent decree with the United 
States District Court for the Southern District of New York in United 
States v. Kiryas Joel Poultry Processing Plant, Inc., No. 14 Civ. 8458.
    The United States filed a complaint in this action on the same day 
that the consent decree was lodged with the Court. The defendants are 
Kiryas Joel Poultry Processing Plant, Inc. and Kiryas Joel Meat Market 
Corporation. The complaint relates to the defendants' poultry 
processing plant located at 7 Dinev Court, Monroe, New York, and their 
pretreatment facility, located at or near 50 Bakertown Road, Monroe, 
New York. The complaint alleges that the defendants violated the Clean 
Water Act, 33 U.S.C. 1311, 1317, and 1319, by: (1) Discharging spills 
and overflows of untreated wastewater from their property into storm 
drains, catch basins and storm sewers that discharge directly into 
navigable waters, in violation of Section 301 of the Act; (2) failing 
to obtain a stormwater permit pursuant to Section 402 of the Act, and 
discharging stormwater associated with industrial processes in 
violation of Section 301 of the Act; and (3) discharging untreated 
wastewater at volumes that passed-through or interfered with a nearby 
publicly owned treatment works (``POTW''), which itself discharges to 
navigable waters, in violation of Section 307 of the Act.
    The consent decree requires the defendants to pay a $330,000 civil 
penalty and to perform injunctive relief, including enhanced monitoring 
of the plant's effluent and the submission of,

[[Page 64409]]

and compliance with, contingency plans in the event of equipment 
failures, and any further pass-throughs or interferences at the POTW. 
The consent decree resolves the civil claims of the United States for 
the violations alleged in the complaint through the date of lodging of 
the consent decree, and civil claims that could have brought against 
the defendants by the United States pursuant to Sections 307 or 309 of 
the Act for (i) violations of a previously issued administrative order 
or (ii) certain violations of the Clean Water Act occurring through the 
date of lodging of the consent decree.
    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. Kiryas Joel Poultry Processing Plant, 
Inc., D.J. Ref. No. 90-5-1-1-10219. All comments must be received no 
later than 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 e-mail.................................  [email protected].
By mail...................................  Assistant Attorney General
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-

    Public comments timely received will be filed on the public court 
    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 $3.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-25652 Filed 10-28-14; 8:45 am]