Notice of Lodging of Consent Decree Pursuant to the Clean Water Act; Gulf Chemical & Metallurgical Corp.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act; Gulf Chemical & Metallurgical Corp.

In accordance with Departmental policy, 28 CFR and 50.7, notice is

hereby given that on December 21, 1994, [[Page 1803]] a proposed

consent decree in United States v. Gulf Chemical & Metallurgical Corp.,

Civil Action No. H-93-0100, was lodged with the United States District

Court for the Southern District of Texas. This consent decree

represents a settlement of claims against Gulf Chemical and

Metallurgical Corp. for violations of the Clean Water Act.

On January 12, 1994, the United States filed a Complaint pursuant

to Section 309 of the Clean Water Act (``CWA'' or ``the Act''), 33

U.S.C. 1319, for injunctive relief and assessment of civil penalties

against Gulf Chemical and Metallurgical Corporation. On December 6,

1993, the United States filed its Second Amended Complaint. The Second

Amended Complaint sought injunctive relief and the assessment of civil

penalties from GCMC and alleged that Gulf violated the conditions and

limitations of its NPDES Permit No. TX0034738 by discharging pollutants

in excess of the permit's effluent limitations, failing to comply with

the compliance schedule in Part I.B. of the permit, failing to comply

with the permit's monitoring and reporting requirements, and bypassing

Outfall 001 in violation of Part II.B.4 of the permit; and that Gulf

failed to comply with the requirements of Administrative Order VI-89-

058 issued by EPA on November 30, 1988. Subsequently, the United States

and Gulf Chemical and Metallurgical Corp. reached a settlement which

resolves the issues set forth in the Second Amended Complaint. Under

this settlement between the United States and Gulf Chemical and

Metallurgical Corp, Gulf Chemical and Metallurgical Corp. will pay the

United States a civil penalty of $750,000. In addition, the consent

decree provides for stipulated penalties for violations by Gulf

Chemical and Metallurgical Corp. of effluent limitations in NPDES

permit TX0034738.

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 of the Environment and Natural Resources Division,

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

United States v. Gulf Chemical and Metallurgical Corp., D.J. ref. 90-5-

1-1-2297A.

The proposed consent decree may be examined at the Office of the

United States Attorney, Southern District of Texas, 910 Travis, Suite

1500, Houston, TX, and at Region VI, Office of The Environmental

Protection Agency, 1445 Ross Ave, Dallas, TX 75202-2733, and at the

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005. A copy of the proposed consent decree may be obtained in

person or by mail from the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005. In requesting a copy, please enclose

a check in the amount of $4.75 (25 cents per page reproduction costs)

payable to the Consent Decree Library.

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-188 Filed 1-4-95; 8:45 am]

BILLING CODE 4410-01-M