[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Page 24762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3937]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on April 17, 2006, a proposed consent
decree in United States of America v. Valero Terrestrial Corporation
and Solid Waste Services, Inc., Civil Action No. 05:06-CR-43, was
lodged with the United States District Court for the Northern District
of West Virginia.
In this action the United States sought civil penalties for alleged
violations of the Clean Air Act at the Brooke County Sanitary Landfill,
located in Brooke County, West Virginia. The complaint alleged that
Valero Terrestrial Corporation and Solid Waste Services, Inc. violated
the New Source Performance Standards of the Clean Air Act, 42 U.S.C.
7411, and their implementing regulations, including the New Source
Performance Standards for Solid Waste Landfills, 40 CFR part 60 subpart
WWW, by failing to install the appropriate control technology and by
failing to conduct an initial performance test and routine monitoring.
The complaint also alleged that Valero Terrestrial Corporation violated
an operating permit issued by the State of West Virginia pursuant to
Title V of the Clean Air Act, 42 U.S.C. 7661-7661f. Under the terms of
the proposed consent decree, Valero Terrestrial Corporation and Solid
Waste Services, Inc. will pay a civil penalty of $300,000.00 plus
interest.
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 of America v. Valero Terrestrial Corporation and
Solid Waste Services, Inc., D. J. Ref. No. 90-5-2-1-08262.
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the Northern District of West Virginia, U.S.
Courthouse and Federal Building, 1125 Chapline Street, Suite 3000,
Wheeling, WV 26003 and at U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029. During the public comment period, the
proposed 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 proposed 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 $4.75
(25 cents per page reproduction cost) payable to the U.S. Treasury or,
if by e-mail or fax, forward a check in that amount to the Consent
Decree Library at the stated address.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-3937 Filed 4-25-06; 8:45 am]
BILLING CODE 4410-15-M