[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Notices]
[Pages 2362-2363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-844]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on December 22, 2003, a proposed 
Consent Decree was lodged with the United States District Court for the 
Western District of Michigan in the matter of United States et al. v. 
Walnutdale Farms et al., Civil No. 4:00-CV-193.
    At the request of the Environmental Protection Agency (``EPA''), 
the United States initiated an action in October of 2002 against 
Walnutdale Farms, Inc. and its owners, Ralph and Kevin Lettinga 
(collectively ``Defendants'') seeking injunctive relief and civil 
penalties under Sections 309 (b) and (d) of the Clean Water Act (CWA), 
33 U.S.C. Sec. Sec.  1319 (b) and (d). The complaint alleged that the 
Defendants violated Sections 301 and 402 of the Act, 33 U.S.C. 
Sec. Sec.  1311 and 1342, by discharging, without a permit, wastewater 
from the Walnutdale facility, which is a concentrated animal feeding 
operation (CAFO). Further, the complaint alleged that the Defendants 
violated the CWA by failing to apply for an NPDES permit, and by 
failing to comply with an administrative order issued by EPA in 
February 2001. On November 4, 2002, the Court consolidated this action 
with a previously filed action brought by the Sierra Club.
    Under the proposed Consent Decree, the Defendants will implement 
specified remedial measures to assure compliance with requirements of 
the CWA and applicable regulations. Among other things, the Consent 
Decree requires the Defendants to design, construct and operate a storm 
water retention pond with the ability to capture and store all process 
wastewater generated by the production area of the facility, including 
the runoff and direct precipitation from a 25-year/24-hour rainfall 
event. Further, the proposed Consent Decree requires the Defendants to 
prepare and submit for approval to EPA and the Michigan Department of 
Environmental Quality a Comprehensive Nutrient Management Plan for the 
management and utilization of all wastes produced at the facility and 
at specific satellite facilities. Finally, the Consent Decree requires 
the Defendants to undertake a number of other compliance measures with 
respect to the operation and maintenance of waste storage devices and 
the land application of farm wastes. In addition to these compliance 
requirements, the proposed Consent Decree provides for the Defendants 
to pay $100,000 plus

[[Page 2363]]

interest over a four-year period, with half of this amount being paid 
to the United States as a civil penalty and the other half to Sierra 
Club in partial reimbursement of litigation costs.
    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, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States et al. v. Walnutdale Farms et al., D.J. Ref. 90-
5-1-1-07515.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 2nd Floor Federal Courthouse 315 W. Allegan, 
Room 252, Lansing, MI 48933, and at U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. During the public comment period, 
the Consent Decree also 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, 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 $15 (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-844 Filed 1-14-04; 8:45 am]
BILLING CODE 4410-15-M