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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-188

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 5, 1995
- **Citation:** 60 FR 1802

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-188. Public record. Not legal advice.