Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

Federal RegisterJun 24, 1996

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

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

hereby given that on June 3, 1996, a proposed Consent Decree in United

States v. CPF, Inc., Civil Action No. 96-11141-REK, was lodged with the

United States District Court for the District of Massachusetts

resolving the matters alleged in a complaint filed simultaneously with

the Consent Decree. The proposed Consent Decree concerns violations by

CPF of the Clean Water Act (``CWA''), 33 U.S.C. Secs. 1251, et seq., at

CPF's beverage bottling facility in Ayer, Massachusetts. The CWA

violations alleged in the complaint include discharges of pollutants in

excess of local

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pretreatment standards pursuant to section 307 (b) and (d) of the Act,

33 U.S.C. Sec. 1317 (b) and (d), and failure to comply with local

monitoring and reporting requirements.

Under the terms of the Consent Decree, the defendant will pay a

civil penalty of $160,786 to the United States. In addition, CPF will

be required to comply with applicable pretreatment standards, as well

as comply with monitoring, sampling, and reporting requirements. The

monitoring requirements include a program of gathering water quality

data in the Nashua River watershed. CPF will also be required to

perform four supplemental environmental projects, consisting of the

acquisition and transfer to the Commonwealth of Massachusetts of

certain conservation land, the performance of two storm drain

stenciling programs, and the performance of a riverbank stabilization

project, all at an estimated cost to CPF of $99,625.

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, DC 20530, and should refer to United

States v. CPF, Inc., Civil Action No. 96-11141-REK (D. Mass.) DOJ #90-

5-1-1-4292.

The proposed Consent Decree may be examined at the Region 1 Office

of the Environmental Protection Agency, One Congress Street, Boston,

Massachusetts; at the office of the United States Attorney, District of

Massachusetts, 1003 J.W. McCormack P.O. & Courthouse, Boston, MA 02109,

c/o George B. Henderson, II, Assistant U.S. Attorney; and at 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 Library. In

requesting a copy, please refer to the referenced case and enclose a

check in the amount of $5.25 for the Consent Decree without attachments

or $9.00 for the Consent Decree with attachments (25 cents per page

reproduction cost) made payable to Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-15951 Filed 6-21-96; 8:45 am]

BILLING CODE 4410-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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