[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Page 46794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21907]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on August 28, 2009, a proposed Consent 
Decree (``Decree'') in United States v. Charleswood, Inc., Civil Action 
No. 3:09-CV-00080 (RRE-KKK), was lodged with the United States District 
Court for the District of North Dakota, Southeastern Division. The case 
was brought under Section 402 of the Clean Water Act (``CWA''), 33 
U.S.C. 1342, and involves the applicable permits governing discharge of 
storm water from the Charleswood Development in West Fargo, North 
Dakota.
    The Consent Decree requires that Charleswood (1) achieve and 
maintain compliance with the CWA and its implementing regulations, 
including applicable permits; (2) pay a civil penalty of $37,500 to 
redress the company's past violations of the CWA and its implementing 
regulations, including applicable permits; and (3) establish a 
compliance and oversight program that must be implemented by the 
company to reduce the discharge of storm water from the Charleswood 
Development.
    The United States filed a Complaint with the Consent Decree which 
alleges that Charleswood failed to comply with the conditions of two 
general permits issued to it under Section 402 of the Act, 33 U.S.C. 
1342, relating to the Charleswood Development. The Consent Decree would 
resolve the claims against Charleswood as described in the Complaint. 
The ultimate entry of the Consent Decree by the District Court of North 
Dakota would end this litigation.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
Civil Action No. 3:09-CV-00080 (RRE-KKK), D.J. Ref. No. 90-5-1-1-08299.
    The Decree may be examined at the Office of the United States 
Attorney, District of North Dakota, 655 1 Ave. N., Suite 250, Fargo, 
North Dakota 58102. It also may be examined at the offices of U.S. EPA 
Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. During the 
public comment period, the Decree may be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html.
    A copy of the Decree may 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 $13.00 (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.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-21907 Filed 9-10-09; 8:45 am]
BILLING CODE 4410-15-P