Notice of Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Resource

Conservation and Recovery Act

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

hereby given that a proposed consent decree in United States v.

ThermalKEM, Inc., Civil Action No. 92-2607, was lodged on July 26,

1995, with the United States Court for the District of South Carolina.

The amended complaint, brought pursuant to Section 3008 (a) and (g) of

the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6928 (a)

and (g), against ThermalKEM, Inc. for violations of RCRA Sections

3004(j) and 3005, 42 U.S.C. 6924(j) and 6925, sought civil penalties

and injunctive relief. The amended complaint alleged that ThermalKEM

violated the metal feed rate limits and mass feed rate limit contained

in its permit for the operation of a commercial hazardous waste

incinerator in Rock Hill, South Carolina. The consent decree provides

that ThermaKEM will pay a civil penalty of $750,000 and follow a

protocol approved by the United States for monitoring and limiting the

rate of hazardous wastes that are fed to the incinerator.

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 for the Environment and Natural Resources Division,

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

United States v. ThermalKEM, Inc., DOJ Ref. #90-7-1-669.

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

United States Attorney, District of South Carolina, 1441 Main Street,

Suite 500, Columbia, South Carolina 29202; the Region IV Office of the

Environmental Protection Agency, 345 Courtland Street, N.E., Atlanta,

Georgia 30365; and at the Consent Decree Library, 1120 G 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, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005. In requesting a copy please refer to the referenced case

and enclose a check in the amount of $6.50 (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. 95-19041 Filed 8-2-95; 8:45 am]

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