Notice of Lodging of Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Water Act

In accordance with the policy of the Department of Justice, 28 CFR

50.7, notice is hereby given that on July 26, 1994, a proposed Consent

Decree in United States v. IBP inc., Civil Action No. 94-4072, was

lodged with the United States District Court for the Central District

of Illinois. In this action, the United States sought injunctive relief

and civil penalties against IBP inc. (``IBP'') pursuant to Section 309

of the Clean Water Act (``the Act''), 33 U.S.C. 1319, for violations of

Section 301 of the Act, and certain terms and conditions of the

National Pollutant Discharge Elimination System (``NPDES'') permit for

IBP's Joslin, Illinois facility. In addition, the State of Illinois

filed a complaint in intervention, asserting claims against IBP for

violations of the Illinois Protection Act, Ill. Rev. Stat. 1991 Ch.

111\1/2\  1009(a), and 35 Ill. Adm. Code 201.141.

The proposed Consent Decree requires IBP to construct an expansion

to its current wastewater treatment system to treat ammonia nitrogen,

and the proposed Decree establishes a schedule for achieving compliance

with the ammonia nitrogen effluent limit in IBP's NPDES permit. During

construction of the treatment plant expansion, IBP is required to

comply with interim ammonia nitrogen limits specified in the proposed

Consent Decree. In all other respects, the proposed Consent Decree

requires IBP to treat and monitor pollutants from its Joslin facility

in accordance with the terms of its NPDES permit and applicable rules

relating to wastewater from meat processing and leather tanning

facilities. The proposed Decree also requires IBP to pay a civil

penalty of $250,000 to the United States and a separate $30,000 civil

penalty to the State of Illinois.

The Department of Justice will receive comments relating to the

proposed Consent Decree for a period of 30 days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

of Justice, Washington, D.C. 20530. All comments should refer to United

States v. IBP inc., DJ Ref. # 90-5-1-1-3730.

The proposed Consent Decree may be examined at the office of the

United States Attorney, 100 N.E. Monroe Street, Peoria, Illinois 61602,

and at the Office of Regional Counsel, United States Environmental

Protection Agency, Region V, 200 West Adams Street, 29th Floor,

Chicago, Illinois 60606. Copies of the proposed Consent Decree may also

be examined at the Consent Decree Library, 1120 G Street N.W., 4th

Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the proposed

Consent Decree may be obtained in person or by mail from the Consent

Decree Library. In requesting a copy, please enclosed a check in the

amount of $5.75 (25 cents per page reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-20997 Filed 8-25-94; 8:45 am]

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