Notice of Consent Judgment Pursuant to the Resource Conservation and Recovery Act, and the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Consent Judgment Pursuant to the Resource Conservation

and Recovery Act, and the Clean Water Act

In accordance with Departmental Policy, 28 CFR Sec. 50.7, 38 Fed.

Reg. 19029, notice is hereby given that a proposed Consent Decree in

United States v. Wormuth Brothers Foundry, Inc., Civil Action No. 96-

CV-0520 (FJS) (N.D.N.Y), was lodged with the United States District

Court for the Northern District of New York on March 29, 1996. The

proposed Consent Decree resolves the United States' claims against

Wormuth for multiple violations of the Resource Conservation and

Recovery Act, as amended (``RCRA''), 42 U.S.C. Sec. 6900 et seq., and

violations of the wetlands provisions of the Clean Water Act, 33 U.S.C.

1251 et seq., at its iron smelting foundry in Athens, New York. The

Consent Decree requires the Defendant to perform investigations and

undertake corrective action to close the drum storage areas, grade and

cap a filled area of wetlands, and monitor groundwater, surface water,

and sediments at and around the foundry. The Consent Decree also

provides that Wormuth will pay a civil penalty of $60,000, based on its

financial ability.

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

days from the date of this publication, written 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, Washington, DC 20530, and should refer

to United States v. Wormuth Brothers Foundry, Inc., Civil Action No.

96-CV-0520 (FJS) (N.D.N.Y.), D.O.J. Ref. No. 90-7-1-707.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, James T. Foley Federal Building, 445 Broadway,

Albany, New York 12207; at the Region II Office of the U.S.

Environmental Protection Agency, 290 Broadway, New York, New York

10278; and at the Consent Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005, (202) 624-0892. A copy of the Consent

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

Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy, please enclose a

[[Page 16115]]

check in the amount of $10.50 (25 cents per page reproduction costs)

payable to Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-8861 Filed 4-10-96; 8:45 am]

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