Notice of Lodging a Joint Stipulation of Settlement Pursuant to the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging a Joint Stipulation of Settlement Pursuant to

the Resource Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

6973(d), notice is hereby given that on August 24, 1994, a proposed

joint stipulation of settlement in United States v. Dale Valentine, et

al., Civil Action No. 93CV1005J, was lodged with the United States

District Court for the District of Wyoming.

The complaint filed by the United States on February 19, 1993,

seeks injunctive relief and civil penalties under Section 7003 of the

Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The

complaint alleges that an abandoned oil reprocessing facility near

Glenrock, Wyoming, commonly known as Powder River Crude Processors or

Big Muddy Oil Processors (the ``Site''), may present an imminent and

substantial endangerment to human health or the environment. The

complaint seeks injunctive relief and civil penalties for violations of

administrative orders issued by EPA under Section 7003 of RCRA for a

cleanup of the Site.

Under the stipulation, one of the ten defendants named in the

action, Richard Wallace, will pay a civil penalty of $30,000 to the

United States for violations of the administrative order issued by EPA

to him on October 3, 1991. The stipulation provides that the penalty

claim alleged in the Complaint will be dismissed with prejudice, and

all other claims alleged in the Complaint, which include the claims for

injunctive relief, will be dismissed without prejudice. This settlement

is based in part on information provided to the United States by

Defendant Wallace indicating that his financial ability to pay a civil

penalty is limited. Five other defendants in this action are performing

work pursuant to a consent decree entered by the Court on June 21,

1994, designed to address conditions at the Site which may present an

imminent and substantial endangerment to health or the environment.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed stipulation of settlement. 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. Dale

Valentine, et al., DOJ Ref. #90-7-1-692.

The proposed stipulation may be examined at the Office of the

United States Attorney for the District of Wyoming, 3rd Floor, Federal

Building, 111 South Wolcott, Casper, Wyoming 82601; 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 stipulation 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 $1.50 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Joel Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-21309 Filed 8-29-94; 8:45 am]

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