[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Notices]
[Pages 5615-5616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2851]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Resource 
Conservation and Recovery Act

    Under 28 CFR Sec. 50.7, notice is hereby given that on January 16, 
2002, a proposed Consent Decree in was lodged with the United States 
District Court for the Western District of Kentucky in United States v. 
LWD, Inc., Civ. No. 5:99 CV-151-R (W.D. Ky.)
    The United States' Complaint filed in this action seeks assessment 
of civil penalties and injunctive relief against LWD for its failure to 
comply with a Unilateral Administrative Order issued by EPA pursuant to 
Section 3013(a) of the Resource Conservation and Recover Act 
(``RCRA''), 42 U.S.C. Sec. 6934(a). EPA's Order required LWD to conduct 
a trial burn at its hazardous waste incinerator at its facility in 
Calvert City, Kentucky.
    Under the proposed Consent Decree, LWD will pay a lump sum civil 
penalty of $275,000, and conduct the trial burn at its hazardous waste 
incinerator, according to a plan to be developed under the Decree. 
Within 45 days after entry of the Decree, LWD must submit its proposed 
trial burn plan for EPA approval, and then conduct the trial burn 
within six months after EPA approves the plan.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. As a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments which are addressed to the Department of Justice in 
Washington, DC and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in a timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, Department of 
Justice, and sent: (1) By regular, first-class mail through the U.S. 
Postal Service, c/o Frank Ney, U.S. Environmental Protection Agency, 
Region 4, EAD, 61 Forsyth Street, SE., Atlanta, Georgia 30303; and/or 
(2) by facsimile to (202) 353-0296; and/or (3) by overnight delivery, 
other than through the U.S. Postal Service, to Chief, Environmental 
Enforcement Section, 1425 New York Avenue, NW., 13th Floor, Washington, 
DC 20005. Each comment and communication relating to the proposed 
Consent Decree should refer on its face to U.S. v. LWD, Inc., Civil No. 
5:99 CV 151-R, and also to D.J. Ref. 90-7-3-05156/1.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the Western District of Kentucky, 510 West 
Broadway, 10th Floor, Louisville, Kentucky, and at the Region 4 Office 
of the Environmental Protection Agency, U.S. Environmental Protection 
Agency, 61 Forsyth Street, SE., Atlanta, Georgia. A copy of the 
proposed Consent Decree may also be obtained by faxing a request to 
Tonia Fleetwood, Department of Justice Consent Decree Library, fax no. 
(202) 616-6584; phone confirmation no. (202) 514-1547. There is not 
charge for the copy (25 cent per page reproduction cost). Upon 
requesting a copy, please mail a check payable to the ``U.S. 
Treasury'', in the amount of $7.50, to:

[[Page 5616]]

Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 
Washington, DC 20044-7611. The check should refer to U.S. v. LWD, Inc., 
Civil No. 5:99 CV151-R, D.J. Ref. 90-11-7-05156/1.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 02-2851 Filed 2-5-02; 8:45 am]
BILLING CODE 4410-15-M