[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]
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