[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Page 57652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27902]
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DEPARTMENT OF JUSTICE
Notice of Lodging of consent Decree Pursuant to the Clean Air Act
and the Clean Water Act
Under 28 CFR 50.7, notice is hereby given that on October 6, 1999,
a proposed consent decree in United States v. Almond Investment Co. and
Almond Products, Inc. Civil Action No. 1:99 CV 783, was lodged with the
United States District Court for the Western District of Michigan.
In this action, the United States sought injunctive relief and
civil penalties under Section 113(b) of the Clean Air Act, 42 U.S.C.
7413(b), for violations of the federally approved Michigan State
Implementation Plan (``SIP'') and Title V of the Clean Air Act at one
of Almond Investment Co.'s Muskegon, Michigan, facilities.
Specifically, the Complaint alleges the Almond Investment Co. violated
various permitting and volative organic compound emission requirements
in Mich. Admin. Code Secs. 336.1201(1), 336.1220, 336.1621(1),
336.1621(5) of the Michigan State Implementation Plan, Title V of the
Clean Air Act, 42 U.S.C. 7661--7661f, and Mich. Admin. Code
Sec. 336.1210 at its Muskegon, Michigan, facility located at 6435
Schamber Drive.
In addition, the United States sought injunctive relief and civil
penalties under Section 309(b) and (d) of the Clean Water Act
(``CWA''), 33 U.S.C. 1319(b), (d), for violations of Section 307(d) of
the Clean Water Act, 33 U.S.C. 1317(d), and certain pretreatment
standards in 40 CFR 413.44(c), (g), 413.54(c), (g), with respect to
wastewater discharges at Almond Investment Co.'s Muskegon, Michigan,
facility located at 1239 E. Broadway.
Almond Products, Inc., purchased the two Muskegon facilities from
Almond Investment Co. in May 1999. Almond Products, Inc., is named as a
defendant pursuant to Fed. R. Civ. P. 19 as a party that is necessary
for complete relief.
The proposed decree provides for injunctive relief pursuant to
which Almond Products, Inc., has permanently disconnected one of the
coating lines at the Schamber facility and will install a thermal
oxidizer at one of the remaining coating lines. At the Broadway
facility, Almond Products, Inc., will prepare a baseline monitoring
report reflecting current operations and will develop and implement an
operation and maintenance plan to ensure compliance with applicable
pretreatment limits. Almond investment Co. will pay a civil penalty of
$50,000, based on an ability-to-pay analysis, to resolve claims under
the Clean Air Act, the Michigan SIP, and the Clean Water Act.
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 for the Environment and Natural Resources Division,
Department of Justice, Washington, DC 20530, and should refer to United
States v. Almond Investment Co. and Almond Products, Inc., DOJ Ref. #
90-5-2-1-06732.
The proposed consent decree may be examined at the Office of the
United States Attorney for the Western District of Michigan, 330 Ionia
Ave., NW, Ste. 501 Grand Rapids, Michigan 49503, and at U.S. EPA Region
5, 77 West Jackson Boulevard, Chicago, IL 60604. A copy of the proposed
consent decree may also be obtained by mail from the Department of
Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044. In
requesting a copy please refer to the referenced case and enclose a
check in the amount of $5.50 (25 cents per page reproduction costs),
payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 99-27902 Filed 10-25-99; 8:45 am]
BILLING CODE 4410-15-M
