[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56552-56553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8297]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Notice is hereby given that on September 15, 2006, a proposed
consent decree in United States v. C&D Technologies, Inc., Civ. No.
1:03-cv-413 was lodged with the United States District Court for the
Southern District of Indiana.
In this action the United States sought civil penalties and
injunctive relief for alleged violations of the Clean Water Act and its
pertinent regulations at C&D Technologies, Inc.'s lead acid battery
manufacturing facility in Attica, Indiana. Specifically, the United
States' complaint alleged: (1) Violations of the Pretreatment Standards
for Existing Sources and new sources of pollution (``PSES''), 40 CFR
403, and the PSES for Battery Manufacturing, 40 CFR 403.5(d) and CWA
Section 307(d), 33 U.S.C. 1317(d); (2) violations of C&D's National
Pollution Discharge Elimination System permit (``NPDES Permit'') and
CWA Sections 301 and 402, 33 U.S.C. 1311 and 1342; (3) that C&D through
the presence of lead in its effluent prevented the Attica, Indiana,
Publicly Owned Treatment Works (``POTW'') from using the POTW's chosen
sludge use or disposal practice, in violation of 40 CFR 403.5 and
403.2, and CWA Section 307(d) 33 USC 1317(d); (4) that C&D failing to
submit compliance reports in violation of 40 CFR 403.12 and DWA Section
307, 33 U.S.C. 1317; (5) that C&D failed to comply with the PSES for
Battery Manufacturing by failing to monitor its effluent for copper
content, in violation of 40 CFR 461.34, 40 CFR 403.12(g), and CWA
Section 307, 33 U.S.C. 1317 and (6) that C&D failed to comply with
certain provisions of a 1997 Administrative Order, in violation of CWA
Sections 308 and 309, 33 U.S.C. 1318 and 1319.
Under the proposed Consent Decree, C&D would pay a civil penalty of
$1,600,000 and undertake various injunctive relief measures in addition
to previous injunctive relief expenditures.
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 v. C&D Technologies, Inc., D.J. Ref. 90-5-1-1-
06996.
The proposed Consent Decree may be examined at the Office of the
United
[[Page 56553]]
States Attorney for the Southern District of Indiana, U.S. Courthouse--
5th Floor, 46 East Ohio Street, Indianapolis, IN 46204 (contact Asst.
U.S. Attorney Thomas Kieper (317)-26-6333)), and at U.S. EPA Region 5,
7th Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois
60604 (contact Assoc. Regional Counsel Larry Johnson (312-886-6609)).
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) 514-1547. In requesting a
copy from the Consent Decree Library, please enclose a check in the
amount of $12.50 (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.
William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-8297 Filed 9-26-06; 8:45 am]
BILLING CODE 4410-15-M