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

DEPARTMENT OF JUSTICE

Notice of Lodging of Amended Consent Decree Pursuant to the Clean

Water Act

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, 38

Fed. Reg. 19029, notice is hereby given that on March 1, 1996, a

proposed Amended Consent Decree in United States v. Crown Paper Co. and

James River Paper Company, Inc., Civil Action No. 95-258-SD, was lodged

with the United States District Court for the District of New Hampshire

resolving the matters alleged in a complaint filed on May 16, 1995. The

proposed Amended Consent Decree concerns alleged violations by James

River of Sections 309 (b) and (d) of the Clean Water ACt (``CWA''), 33

U.S.C. Secs. 1319 (b) and (d), Sections 3008 (a) and (g) of the

Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. Secs. 6928

(a) and (g), Section 109(c) of the Comprehensive Environmental

Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C.

Sec. 6909(c), and Section 325(b)(3) of the Emergency Planning and

Community Right-to-Know Act (``EPCRA''), 42 U.S.C. 11045(b)(3), at pulp

and paper mills operated by James River in Gorham and Berlin, New

Hampshire.

The CWA violations alleged in the complaint include: violations of

the federal pretreatment standards and National Prohibited Discharge

Standard; the unauthorized discharge of pollutants without a permit;

and the discharge of pollutants in excess of levels allowed under a

permit. The RCRA violation alleged in the complaint includes the

disposal of hazardous waste without a permit. Finally, the CERCLA and

EPCRA violations alleged in the complaint include the failure to timely

report the spill of sulfuric acid at the pulp mill.

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Under the terms of the Amended Consent Decree, the defendants will

pay a civil penalty of $200,000 to the United States and will be

required to comply with the Clean Water Act. In addition, the

defendants will be required to install equipment at the pulp mill

necessary to reduce certain sulfur emissions from wastewater effluent

and to perform a assessment of their compliance with the Clean Water

Act's prohibition on unpermitted discharges.

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

days from the date of this publication comments relating to the

proposed Amended Consent Decree. Comments should be addressed to the

Assistant Attorney General, Environment and Natural Resources Division,

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

United States v. Crown Paper Co. and James River Paper Company, D.J.

Ref. 90-5-1-1-4123.

The proposed Amended Consent Decree may be examines at the Region I

Office of the Environmental Protection Agency, One Congress Street,

Boston, Massachusetts, and at the office of the United States Attorney,

District of New Hampshire, 55 Pleasant Street, Concord, New Hampshire,

c/o Gretchen L. Witt, Assistant U.S. Attorney. Copies of the proposed

Amended Consent Decree may also be examined at the Consent Decree

Library, 1120 G. Street, N.W., 4th Floor, Washington, D.C. 20005, (202)

624-0892. A copy of the proposed Amended 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 $5.75 (25 cents per page reproduction cost) made payable to

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-6040 Filed 3-13-96; 8:45 am]

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