Notice of Lodging of Consent Decree for Claims Under the Federal Insecticide, Fungicide, and Rodenticide Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree for Claims Under the Federal

Insecticide, Fungicide, and Rodenticide Act

Notice is hereby given that on January 20, 1995, a proposed Consent

Decree between the United States, Michael J. Levine and MIBAR, Inc. in

United States v. Levine, et al., Civil Action Nos. 89-M-42 and 96-M-

1074, was lodged with the United States District Court for the District

of Colorado. The Complaint in this case was brought for violations of a

prior administrative settlement between the United States, Michael J.

Levine and MIBAR, Inc. which resolved claims for multiple violations of

the Federal Insecticide, Fungicide, and Rodenticide Act (Act), 7 U.S.C.

136, et seq. The United States' Complaint in this action sought

recovery of the full amount of the civil penalty which was agreed to by

settling defendants in the administrative settlement between Michael J.

Levine, MIBAR, Inc. and the Environmental Protection Agency.

The proposed decree provides that defendants will pay $10,000 in

satisfaction of the violations addressed in the prior administrative

settlement. The decree also enjoins the settling defendants either

individually, or as a business enterprise or participant therein, from

any conduct or business regulated under the Act, the Toxic Substances

Control Act, 15 U.S.C. 2601 et seq., the Federal Water Pollution and

Control Act, 33 U.S.C. seq., the Federal Water Pollution and Control

Act, 33 U.S.C. 1251, et seq., the Public Health Service Act, 42 U.S.C.

300f et seq., the Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., the

Clean Air Act, 42.U.S.C. 7401 et seq., and the Comprehensive

Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601

et seq.

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, P.O. Box 7611, Washington, DC 20044, and should

refer to United States v. Levine, et al., DJ# 1-13-34B.

The proposed Consent Decree may be examined at the Environment and

Natural Resources Division, Department of Justice Field Office, Suite

945, 999 18th Street--North Tower; and at the Region VIII Office of the

Environmental Protection Agency, 999 18th Street, Suite 500, Denver,

Colorado 80202. A copy of the proposed Consent Decree may also be

examined at or obtained by mail from the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005. In requesting a copy,

please refer to the referenced case and enclose a check in the amount

of $2.75 (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. 95-2464 Filed 1-31-95; 8:45 am]

BILLING CODE 4410-01-M