[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42593-42594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20842]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Resource
Conservation and Recovery Act
In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is
hereby given that on July 22, 1997, a proposed amended consent decree
in United States v. Proteccion Tecnica Ecologica, Inc., et. al., Civil
Action No. 86-1698 (HL), was lodged with the United States District
Court for the District of Puerto Rico, pursuant to the Resource
Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq. The
proposed consent decree amends a consent decree the United States
entered into with Proteccion Tecnica Ecologica Inc. (``Proteco''), and
Compania Ganadera
[[Page 42594]]
Del Sur, Inc., which decree was entered by the Court in October, 1987
(``Original Consent Decree''). The proposed amended consent decree also
resolves the United States' claims with respect to the United States'
Motion to Enforce the Consent Decree and United States' Motion to Amend
and Supplement the Complaint.
The proposed amended consent decree requires Proteco to close the
hazardous waste units at the facility Proteco operates at Penuelas,
Puerto Rico (``Facility'') pursaunt to closure plans approved by the
Environmental Protection Agency. In addition, the proposed amended
consent decree requires Proteco to deposit $40,000 per month in an
escrow account, which monies shall be spent to close the hazardous
waste units; Proteco is required to continue to make deposits into the
escrow account until it has paid into the account an amount equal to
the estimated cost of closure. Further, Proteco's civil penalty
obligations under the Original Consent Decree will be modified to
provide that the United States will forgive $225,671 of the civil
penalty amount that Proteco owed. The United States has already
received at least $283,750 in civil penalties under the Original
Consent Decree and the United States will receive at least an
additional $690,000 after entry of the amended consent decree. Further,
if Proteco sells its assets or over 50% of its stock within one year of
the public notice of the proposed closure plan for the Facility,
Proteco will pay an additional civil penalty in the amount of $225,671.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed amended consent decree. Any comments should be addressed to
the Assistant Attorney General of the Environment and Natural Resources
Division, Department of Justice, Washington, D.C. 20530, and should
refer to United States v. Proteccion Tecnica Ecologica, Inc., et al.,
D.J. Ref. 90-7-1-345a.
The proposed amended consent decree may be examined at the Office
of the United States Attorney, Federal Office Building, Carlos E.
Chardon Ave., Hato Rey, Puerto Rico 00918, and at the Region II office
of the Environmental Protection Agency, 290 Broadway, New York, New
York 10007-1866, and at the Consent Decree Library, 1120 G Street,
N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the
proposed amended consent decree may be obtained in person or by mail
from the Consent Decree Library, 1120 G Street, N.W., 4th Floor,
Washington, D.C. 20005. In requesting a copy, please enclose a check
(there is a 25 cent per page reproduction cost) in the amount of $9.00
payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 97-20842 Filed 8-6-97; 8:45 am]
BILLING CODE 4410-15-M
