Lodging a Consent Decree Pursuant to the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Lodging a Consent Decree Pursuant to the Resource Conservation

and Recovery Act

In accordance with Departmental Policy and 28 CFR 50.7, notice is

hereby given that on June 21, 1994, a proposed consent decree in United

States v. Roy L. Merritt, et al., Civil Action No. 94CV026, was lodged

with the United States District Court for the District of Wyoming.

The first amended complaint filed by the United States seeks

injunctive relief and civil penalties pursuant to Sections 1414(b) and

1431 of the Safe Drinking Water Act, 42 U.S.C. 300g-3(b), and 300i,

against Roy L. and Frances G. Merritt, George Harold Parker, Jr., Linda

K. Parker, and the trustee for debtor Roy L. Merritt for repeated and

continuing violations of national primary drinking water regulations,

40 CFR Part 141. The complaint alleges that drinking water supplied to

residents through the public drinking water system owned by Merritt's

Mobile Manor exceeds maximum contamination limitations for nitrate and

E. Coli, that sampling and reporting of the system was not conducted in

accordance with applicable sections of 40 CFR part 141, that neither

the public or the Environmental Protection Agency (EPA) was informed by

the system operators of exceedances of maximum contaminate limitations,

and that the owners and operators of the public water system at

Merritt's Mobile Manor continued to operate the system in violation of

administrative and emergency administrative orders issued by EPA. The

complaint seeks injunctive relief to compel defendants to operate the

public water system in compliance with the Act and its implementing

regulations and civil penalties for violations of 40 CFR part 141 and

administrative orders issued by EPA.

Under this consent decree, four of the five named defendants agree

to abide by the injunctive relief ordered by the Court, provide safe

alternative drinking water to residents of Merritt's Mobile Manor until

municipal water and sewer hookups can be installed, maintain septic

systems in a manner so as to preclude further contamination to the

aquifer from sewage disposed by Merritt's Mobile Manor, and make

payments in satisfaction of civil penalties for violations of 40 CFR

part 141 and administrative orders issued by EPA.

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 of the Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

DC 20044, and should refer to United States v. Roy L. Merritt, et al.,

DOJ Ref. #90-5-1-1-2666A.

The proposed consent decree may be examined at the Office of the

United States Attorney for the District of Wyoming, J.C. O'Mahoney

Federal Building, 2120 Capitol Avenue, Cheyenne, Wyoming 82001; the

United States Environmental Protection Agency, Region 8, 999 18th

Street--Suite 500, Denver, Colo. 80202-2466; and at the Consent Decree

Library, 1120 G Street, NW., 4th floor, Washington, DC 20005, (202)

624-0892. A copy of the proposed decree may be obtained in person or by

mail from the Consent Decree Library, 1120 G Street, NW., 4th floor,

Washington, DC 20005. In requesting a copy, please refer to the

referenced case and number, and enclose a check in the amount of $15.75

(25 cents per page reproduction costs), payable to the Consent Decree

Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-15473 Filed 6-24-94; 8:45 am]

BILLING CODE 4410-01-M