Notice of Lodging a Consent Decree Pursuant to the Resource Conservation and Recovery Act; United States v. Dale Valentine, et al.

DEPARTMENT OF JUSTICE

Notice of Lodging a Consent Decree Pursuant to the Resource

Conservation and Recovery Act; United States v. Dale Valentine, et al.

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

6973(d), notice is hereby given that on December 21, 1994, a proposed

consent decree 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 this consent decree, Valentine Construction Company, Inc.,

Dale Valentine, and William Valentine & Sons, Inc., three of the ten

defendants named in the action, will perform certain clean up

activities at the Site. Further, Valentine Construction Company, Inc.

will pay a civil penalty of $20,000 to the United States for violations

of the administrative order issued by EPA to him on October 3, 1991.

The Consent Decree also requires five other defendants in the action to

guarantee the financing of the clean up activities.

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

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, D.C.

20044, and should refer to United States v. Dale Valentine, et al., DOJ

Ref. #90-7-1-692.

The consent decree 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, Colorado 80202-2466; and at the Consent Decree Library, 1120

``G'' Street, N.W., 4th Floor, Washington, DC 20005, (202) 624-0892. A

copy of the consent decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, N.W., 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 $40.50 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-32008 Filed 12-28-94; 8:45 am]

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