[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36827-36828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5768]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Stipulation of Settlement and Judgment under
the Resource Conservation and Recovery Act, Clean Air Act, Clean Water
Act, and the Comprehensive Environmental Response, Compensation, and
Liability Act
Under 28 CFR 50.7, notice is hereby given that on June 6, 2006, a
proposed Stipulation of Settlement and Judgment in United States et
al., v. Marine Shale Processors, Inc., et al., Civil Action No. 90-1240
was lodged with the United States District Court for the Western
District of Louisiana.
In this action the United States and the Louisiana Department of
Environmental Quality (``LDEQ'') sought civil penalties and injunctive
relief under section 3008(a) of the Resource Conservation and Recovery
Act (``RCRA''); civil penalties under section 113(b) of the Clean Air
Act and section 309(b) of the Clean Water Act; and reimbursement for
response costs incurred or to be incurred under section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'') regarding contaminated facilities owned and operated by
Marine Shale Processors, Inc. (``Marine Shale'') and Recycling Park
Inc. (``Recycling Park'') located in Amelia, Louisiana. 33 U.S.C.
1319(b), 42 U.S.C. 6928(a), 7413(b), 9607.
Under the proposed Stipulation of Settlement and Judgment, the
Court will center a $6.2 million judgment for penalties, in favor of
the United States and LDEQ, against Marine Shale and Recycling Park. A
separate $6.2 million in proceeds from Marine Shale will be transferred
to LDEQ for the closure and remediation of the contamination at the
Marine Shale and Recycling Park facilities. An additional $850,000
letter of credit posted by Marine Shale will also be transferred to
LDEQ and used for the cleanup of the Marine Shale and Recycling Park
facilities. In addition, Marine Shale, Recycling Park, and John Kent,
Sr., the owner of the two companies, are prohibited from owning or
controlling a majority interest in or participating in the management
of any
[[Page 36828]]
business involved in waste management or recycling. The three parties
are also required to provide access as required for investigation,
closure and remediation at the Marine Shale and Recycling Park
facilities and agree to a number of institutional controls and deed
restrictions necessary to assure the implementation and effectiveness
of the remedial actions to be taken at the facilities. After EPA LDEQ
certify that the cleanups at the Marine Shale and Recycling Park
facilities have been completed, the governments have the option of
receiving the proceeds from the sale of the properties to satisfy the
civil penalty judgment. The Department of Justice will receive for a
period of thirty (30) days from the date of this publication comments
relating to the Stipulation of Settlement and Judgment. 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. Marine
Shale Processors, et al., D.J. Ref. No. 90-11-2-204. A public hearing
will be held regarding the proposed settlement at 7 p.m. on July 19,
2006, at the Morgan City Municipal Auditorium, 705 Myrtle Street,
Morgan City, Louisiana.
The Stipulation of Settlement and Judgment may be examined during
the public comment period on the following Department of Justice Web
site: http://www.usdoj.gov/enrd/open.html. A copy of the Stipulation of
Settlement and Judgment 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 $32.75 (25 cents per
page reproduction cost) payable to the U.S. Treasury.
Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 06-5768 Filed 6-27-06; 8:45 am]
BILLING CODE 4410-15-M