[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Page 32369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13044]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
Notice is hereby given that on May 20, 2004 a proposed Consent
Decree in United States v. The City and County of Denver, Waste
Management of Colorado, Inc., and Chemical Waste Management, Inc., an
action under section 106(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9606(b),
was lodged with the United States District Court for the District of
Colorado, Case No. 04-N-1031 (MJW).
In this action, the United States sought to recover civil penalties
arising from Defendants' failure to comply with EPA's Administrative
Order for Remedial Design/Remedial Action, EPA Docket No. CERCLA VIII-
95-05, as it pertains to Defendants' implementation of the Landfill Gas
Remedy at the Lowry Landfill Superfund Site which is located in Denver,
Colorado. Specifically, in its Complaint the United States alleges that
on numerous occasions between August 1998 and January 1999, Defendants
failed to ensure compliance with Landfill Gas Performance Standards,
failed to appropriately report exceedances of the LFGPS, and failed to
take prompt action to prevent, abate or minimize the presence of
volatile organic compounds (``VOCs'') in the subsurface environment at
the Landfill Gas Compliance Boundary as required by the UAO.
The Consent Decree provides that within thirty (30) days of the
entry of the Consent Decree, the Defendants shall pay two hundred and
sixty-five thousand dollars ($265,000.00) to the United States in
satisfaction of the United States civil penalties claims.
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,
Environment and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
the United States v. The City and County of Denver, Waste Management of
Colorado, Inc., and Chemical Waste Management, Inc., Civil Action No.
04-N-1031 (MJW), DOJ No. 90-11-3-06703.
The Consent Decree may be examined at U.S. EPA Region 8, 999 18th
Street, Suite 500, Denver, Colorado, 80202. During the public comment
period, the Decree, may also be examined on the following Department of
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the
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 $4.50 payable to the
U.S. Treasury.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-13044 Filed 6-8-04; 8:45 am]
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