Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

In accordance with Departmental policy, 28 CFR 50.7, 38 Fed. Reg.

19029, notice is hereby given that on May 16, 1995, a proposed Consent

Decree in United States v. James River Paper Company, Civil Action No.

95-258-JD was lodged with the United States District Court for the

District of New Hampshire resolving the matters alleged in a complaint

filed simultaneously with the Consent Decree. The proposed Consent

Decree concerns alleged violations by James River of Sections 309(b)

and (d) of the Clean Water Act (``CWA''), 33 U.S.C. 1319(b) and (d),

Sections 3008(a) and (g) of the Resource Conservation and Recovery Act

(``RCRA''), 42 U.S.C. 6928(a) and (g), Section 109(c) of the

Comprehensive Environmental Response, Compensation, and Liability Act

(``CERCLA''), 42 U.S.C. 9609(c), and Section 325(b)(3) of the Emergency

Planning and Community Right-to-Know Act (``EPCRA''), 42 U.S.C.

11045(b)(3), at pulp and paper mills operated by James River in Gorham

and Berlin, New Hampshire.

The CWA violations alleged in the complaint include: violations of

the federal pretreatment standards and National Prohibited Discharge

Standard; the unauthorized discharge of pollutants without a permit;

and the discharge of pollutants in excess of levels allowed under a

permit. The RCRA violation alleged in the complaint includes the

disposal of hazardous waste without a permit. Finally, the CERCLA and

EPCRA violations alleged in the complaint include the failure to timely

report the spill of sulfuric acid at the pulp mill.

Under the terms of the Consent Decree, the defendant will pay a

civil penalty of $200,000 to the United States and will be required to

comply with the Clean Water Act. In addition, the defendant will be

required to install equipment at the pulp mill necessary to reduce

certain sulfur emissions from wastewater effluent.

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, Environment and Natural Resources Division, U.S.

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. James River Paper Company, D.J. Ref. 90-5-1-1-4123.

The proposed Consent Decree may be examined at the Region I Office

of the Environmental Protection Agency, One Congress Street, Boston,

Massachusetts, and at the office of the United States Attorney,

District of New Hampshire, 55 Pleasant Street, Concord, New Hampshire,

c/o Gretchen L. Witt, Assistant U.S. Attorney. Copies of the Consent

Decree may also be examined at the Consent Decree Library, 1120 G.

[[Page 27787]] 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 refer to the referenced case and enclose a check in the

amount of $6.00 (25 cents per page reproduction cost) made payable to

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-12869 Filed 5-24-95; 8:45 am]

BILLING CODE 4410-01-M