[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]
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