[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Pages 35455-35456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16769]


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DEPARTMENT OF JUSTICE


United States of America v. Cenex Harvest States Cooperatives; 
Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

    Notice is hereby given that on June 15, 2001, a proposed consent 
decree was lodged with the United States District Court for the 
District of Minnesota in a civil action captioned United States of 
America v. Cenex Harvest States Cooperatives, Civil Action No. 01-1096 
(PAM/SRN).
    In this action the United States sought civil penalties and 
injunctive relief against Defendant Cenex Harvest States Cooperatives 
(``Cenex'') for violations of the Clean Water Act (``CWA'') in 
connection with the operations of its facility at 2020 Riverfront 
Drive, Mankato, Minnesota. The United States alleged violations for 
failure to file a revised Facility Response Plan in violation of 40 CFR 
112.20 and 112.21, 33 U.S.C. 1321(j)(5); failure to prepare and 
maintain a Spill Prevention, Control and Countermeasures Plan in 
violation of 40 CFR 112.3, 33 U.S.C. 1321(j)(1)(C); failure to file a 
response to an information request in violation of 33 U.S.C. 1318(a) 
and 1321(m); and for allowing an authorizing discharge from the 
facility in violation of 33 U.S.C. 1321(b)(3).

[[Page 35456]]

    The consent decree would resolve the claims by the payment of a 
civil penalty of $56,250 plus the implementation of two Supplemental 
Environmental Projects to cost Cenex no less than $300,000. The 
projects are (1) to install actuators on two gates that would allow the 
gates to be shut down by the press of a switch from various locations 
within the facility; and (2) to replace the tank farm monitoring and 
control system with a modern computer system.
    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, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Cenex Harvest States Cooperatives, Civil No. 
01-1096 (PAM/SRN), District of Minnesota, USAO File No. 1999V00714, DOJ 
Ref. No. 90-5-1-1-07000.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Room 600 United States Courthouse, 300 South 
Fourth Street, Minneapolis MN 55415 (Attention: Freidrich A.P. Siekert, 
AUSA), and at U.S. EPA Regional Counsel's Office (Attention: Peter 
Felitti), 77 West Jackson Boulevard, Chicago, Illinois, 60604-3590. A 
copy of the proposed Consent Decree may also be obtained by mail from 
the Consent Decree Library, PO Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611. In requesting a copy, please enclose a check 
in the amount of $7.00 (25 cents per page reproduction cost for 28 
pages) payable in the Consent Decree Library.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-16769 Filed 7-3-01; 8:45 am]
BILLING CODE 4410-15-M