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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-6040

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 14, 1996
- **Citation:** 61 FR 10597

## Text

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.

[[Page 10598]]

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-6040. Public record. Not legal advice.