[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Notices]
[Page 10061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4763]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    In accordance with Department Policy, 28 CFR, Sec.  50.7, notice is 
hereby given that on February 13, 2004, a proposed consent decree in 
United States v. Kanaway Seafoods, Inc., d/b/a Alaska General Seafoods, 
Docket No. A04-0039 CV (JWS), was lodged with the United States 
District Court for the District of Alaska. In this action brought 
pursuant to section 309 of the Clean Water Act, as amended, 33 U.S.C. 
1319, the United States has requested the imposition of civil penalties 
and injunctive relief on the defendant. This action arose out of the 
operation by Kanaway Seafoods, Inc., d/b/a Alaska General Seafoods 
(AGS) of its seafood processing facility in Ketchikan, Alaska. The 
United States has alleged that AGS failed to meet several of the 
discharge and reporting requirements of its authorization to discharge 
under the general National Pollutant Discharge Elimination System 
permit for seafood processors in Alaska (General Permit) on numerous 
days between January of 1999 and August of 2001, all in violation of 
section 301 of the Clean Water Act, 33 U.S.C. 1311.
    The Consent Decree requires that AGS pay a civil penalty of 
$110,000 and perform certain injunctive relief at its Ketchikan 
facility. The injunctive relief provisions of the Consent Decree oblige 
AGS: (1) During the next two processing seasons, to barge its 
processing waste to an at-sea discharge location or use an alternate, 
EPA-approved method of disposal to prevent the discharge of its 
processing waste to Tongass Narrows; (2) to remediate the seafood waste 
piles that have accumulated on the seafloor as a result of its past 
discharges; and (3) to use means necessary to prevent eruptions of 
those piles.
    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, United States Department of Justice, Environment and 
National Resources Division, Post Office Box, 7611, Ben Franklin 
Station, Washington, DC 20044-7611 and should refer to United States v. 
Kanaway Seafood, Inc., d/b/a Alaska General Seafoods, D.J. Ref. 
90-5-1-1-07394.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 222 West 7th Avenue, 9, Room 253, 
Anchorage, Alaska 99513 and at United States EPA Region 10, 1200 Sixth 
Avenue, Seattle, Washington 98101. During the comment period the 
consent decree may 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, 
Post Office Box 7611, Ben Franklin Station, Washington, DC 20044-7611 
or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax number (202) 514-0097, telephone 
confirmation number (202) 514-1547. In requesting a copy by mail, 
please enclose a check in the amount of $6.00 for United States v. 
Kanaway Seafoods, Inc. (25 cents per page reproduction cost) payable to 
the U.S. Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 04-4763 Filed 3-2-04; 8:45 am]
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