[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Notices]
[Page 69957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26509]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act,
the Comprehensive Environmental Response, Compensation, and Liability
Act, the Emergency Planning and Community Right-To-Know Act, and the
Park System Resource Protection Act
Under the policy set out at 28 CFR 50.7, notice is hereby given
that on November 15, 2004, the United States lodged with the United
States District Court for the Northern District of Iowa a proposed
consent decree (``Consent Decree'') in the case of United States v.
Iowa Turkey Products, Inc., Civ. A. No. C04-1045-LRR. The Consent
Decree pertains to Iowa Turkey Products, Inc. (``ITP''), which owned a
former turkey processing facility in Postville, Iowa. ITP discharged
wastewater into a Publicly Owned Treatment Works (``POTW'') owned by
the City of Postville (``City''). A related settlement with the City
was lodged on October 15, 2004.
The Consent Decree would resolve claims in a Complaint filed,
simultaneously with the lodging of the Consent Decree, by the United
States against ITP for violations of Sections 301 and 307 of the Clean
Water Act (``CWA''), 33 U.S.C. 1311 and 1317, and the Pretreatment
Standards under the City's National Pollutant Discharge Elimination
System Permit, pursuant to Section 402 of the CWA, 33 U.S.C. 1342. The
Consent Decree would also resolve claims under Section 304 of the
Emergency Planning and Community Right-to-Know Act (``EPCRA''), 42
U.S.C. 11004, and Section 103 of the Comprehensive Environmental
Response, Compensation, and Recovery Act of 1980, as amended
(``CERCLA''), 42 U.S.C. 9603, for failure to give notice of the release
of anhydrous ammonia during a fire at the facility on December 20,
2003.
In addition, the Consent Decree would resolve claims by the United
States for natural resource damages under Section 311 of the CWA, 33
U.S.C. 1321; Section 107 of CERCLA, 42 U.S.C. 9607; and the Park System
Resource Protection Act, 16 U.S.C. 19jj, for unlawful discharges to the
POTW that contributed to the release of hazardous substances during a
March 2000 discharge event by the City. The March 2000 discharge event
contributed to an aquatic life kill in the Yellow River.
The Consent Decree requires ITP to refrain from any future
violations of the CWA, CERCLA, and EPCRA; to pay civil penalties for
the CWA, EPCRA and CERCLA violations; and to pay natural resource
damages, including compensatory restoration costs.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Assistant Attorney General,
Environmental and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, D.C. 20044-7611, and should refer to
United States v. Iowa Turkey Products, DOJ Ref. No. 90-5-1-1-08078/1/.
The Consent Decree may be examined at the offices of the United
States Attorney, Northern District of Iowa, 401 First Street, SE., Room
400, Cedar Rapids, IA 52401, and at the offices of U.S. EPA Region 7,
901 North 5th Street, Kansas City, Kansas 66101.
During the public comment period, the Consent Decree may also be
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax
no. (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $6.75 (25 cents per page reproduction cost)
payable to the U.S. Treasury.
Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-26509 Filed 11-30-04; 8:45 am]
BILLING CODE 4410-15-M