Notice of Lodging of Consent Decree Pursuant to Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Clean Air Act

In accordance with Department of Justice regulations 28 C.F.R. 50.7

notice is hereby given that on October 2, 1995 a proposed Consent

Decree in United States v. Eljer Manufacturing, Inc., Case No.

4:95CV2103, was lodged in the United States District Court for the

Northern District of Ohio. The Complaint filed by the United States

alleges various violations of the Clean Water Act (``the Act''), 33

U.S.C. 1319(b), including discharges without an appropriate permit

issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. The Consent

Decree provides that Eljer shall not discharge pollutants from its

facility to any stream, tributary, body of water, or wetland area on

Eljer's property or to any navigable waters not located on Defendant's

property except in compliance with a permit issued pursuant to Section

402 of the Act, 33 U.S.C. 1342. Eljer shall also comply with all

applicable industrial user regulations found within 40 C.F.R.

Sec. 403.12, and all requirements and limitations contained in its City

of Salem industrial user wastewater discharge permit.

Eljer is also obligated under the proposed decree to undertake and

complete a Sediment Remediation Plan and Post Sediment Remediation

Verification Plan (``SRP''). The SRP provides for the removal of

certain sediments in the tributary of Stone Mill Run on Eljer's

property at two former discharge outfall locations and continuing

downstream from such outfalls to the tributary's intersection with

Stone Mill Run, to the extent necessary to achieve a cleanup level of

150 mg/kg for lead in sediments. The Consent Decree also requires Eljer

Manufacturing, Inc. to pay a civil penalty of $300,000.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments concerning the proposed

Consent Decree. Comments should be addressed to the Assistant Attorney

General, Environment and Natural Resources Division, U.S. Department of

Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, and

should refer to United States v. Eljer Manufacturing, Inc., D.J. Ref.

No. 90-5-1-1-3815.

The proposed Consent Decree may be examined at any of the following

offices: (1) The United States Attorney for the Northern District of

Ohio, Room 208 U.S. Courthouse, 2 South Main St., Akron, Ohio 44308

(contact Assistant United States Attorney James L. Bickett); (2) the

U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604-3590 (contact Assistant Regional

Counsel Deborah Carlson); and (3) the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005, 202-624-0892. A copy of

the proposed Consent Decree may be obtained in person or by mail from

the Consent Decree, 1120 G Street, NW., 4th Floor, Washington, DC

20005. In requesting a copy, please refer to the reference case and

enclose a check in the amount of $3.00 (25 cents per page reproduction

[[Page 53201]]

costs), payable to the Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-25286 Filed 10-11-95; 8:45 am]

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