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

DEPARTMENT OF JUSTICE

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

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

hereby given that a proposed Consent Decree in United States v.

Diversified Contractors, Inc. (D. Az.), was lodged with the United

States District Court for the District of Arizona on May 29, 1997 (Civ

97-1162 THX RCB). The proposed Consent Decree resolves the United

States' claims against Diversified Contractors pursuant to section

113(b) of the Clean Air Act for Diversified's failure to obtain a

Prevention of Significant Deterioration permit before construction of

its facility. The alleged violation occurred at a portable soil

remediation/thermal treatment facility on the Ak-Chin Indian

Reservation in Pinal County, Arizona. Under the Consent Decree,

Diversified agrees to abide by limits on, among other things: the types

of soils it can treat, the concentration of contaminants in those

soils, hours of operation, emissions, and capacity. Diversified also

agrees to pay a penalty of $44,800.

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

days from the date of this publication, comments relating to the

proposed settlement agreement. Comments should be addressed to the

Assistant Attorney General for the Environment and

[[Page 33438]]

Natural Resources Division, U.S. Department of Justice, P.O. Box 7611,

Washington, DC 20044; and refer to United States v. Diversified

Contractors, Inc., DOJ Ref. #90-5-2-1-2059A.

The proposed settlement agreement may be examined at the Office of

the United States Attorney, District of Arizona, 4000 United States

Courthouse, Phoenix, AZ 85025 and at the office of the Environmental

Protection Agency, 75 Hawthorne Street, San Francisco, California

94105; 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, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

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

check in the amount of $6.75 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-16094 Filed 6-18-97; 8:45 am]

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