[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Page 40021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17777]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Toxic
Substances Control Act
On August 17, 2017, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Southern
District of New York in the lawsuit entitled United States v. Accolade
Construction Group Inc., Civil Action No. 15 Civ. 5855 (JCF)
On July 27, 2015, the United States filed a complaint on behalf of
the Environmental Protection Agency (``EPA'') alleging that Accolade
Construction Group, Inc. (``Accolade'') violated the Renovation,
Repair, and Painting Rule, 40 CFR part 745, subpart E (``RRP Rule''),
promulgated under the Toxic Substances Control Act (``TSCA''), 15
U.S.C. 2601 et seq., during renovation work in 2013 and 2014 at six
residential buildings in New York City. The complaint sought an
injunction compelling compliance by Accolade in the future and an order
requiring Accolade to disgorge the proceeds of conduct in violation of
TSCA and the RRP Rule.
Pursuant to the proposed consent decree, both Accolade and its
principal Faisal Ahmed (``Ahmed,'' and, collectively, with Accolade,
the ``Settling Accolade Parties'') agree to injunctive relief that,
among other things, requires them, for the term of the consent decree,
to (1) provide EPA with notice and a proposed RRP Rule compliance plan
prior to doing any renovation work covered by the RRP; (2) provide EPA
with notice of each proposed renovation project prior to engaging in
that project; (3) comply with the RRP Rule, and (4) maintain necessary
records. The Settling Accolade Parties also agree to pay $58,000 in
disgorgement, representing profits gained as a result of the conduct
alleged in the complaint. The consent decree resolves any claims of the
United States against Accolade or Ahmed for the violations of TSCA
alleged in the Complaint through the date of lodging.
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. Accolade, D.J. Ref. No. 90-5-1-1-
11139. All comments must be submitted no later than 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: https://www.justice.gov/enrd/consent-decrees. 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 $9.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2017-17777 Filed 8-22-17; 8:45 am]
BILLING CODE 4410-15-P