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 June 2, 1995, 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 this stipulation, one of the ten defendants named in the

action, Jim's Water Service, Inc., will pay a civil penalty of $90,000

to the United States for violations of the administrative order issued

by EPA to it 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 Jim's Water Service, Inc. indicating that its

financial ability to pay a civil penalty is [[Page 31166]] 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, D.C. 20044, and should refer to United States v. Dale

Valentine, et al., DOJ Ref. #90-7-1-692. In accordance with Section

7003(d) of RCRA, commenters can also request a public meeting in the

affected area.

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, D.C. 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,

D.C. 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.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-14367 Filed 6-12-95; 8:45 am]

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