Notice of Lodging of Stipulation and Settlement Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Stipulation and Settlement Pursuant to the

Clean Water Act

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

hereby given that a proposed consent decree in United States v.

Meridian Engineering, Inc., et al., Civil Action No. 96-05M was lodged

on January 13, 1997 in the United States District Court for the

District of the Virgin Islands. The settlement resolves an action

commenced in a complaint filed January 12, 1996, under the Clean Water

Act, 33 U.S.C. 1301, et seq., arising at an asphalt batching plant in

St. Croix operated by Meridian Engineering, Inc. and the Virgin Islands

Asphalt Products Corp.

The Complaint alleges that the Defendants violated the Clean Water

Act by: (1) Discharging waste water without a National Pollutant

Discharge Elimination System (NPDES) permit on two occasions, in

violation of Section 301 of the Clean Water Act (CWA), 33

[[Page 4080]]

U.S.C. 1311; and (2) failing to apply for a NPDES storm water discharge

permit, in violation of Sections 308 and 402 of the CWA, 33 U.S.C. 1319

and 1342. Under the settlement, the Defendants will pay a civil penalty

to the United States of $47,500.

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. 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. Meridian Engineering, Inc., et al., DOJ Ref. #90-5-1-1-4224.

The proposed settlement may be examined at the office of the United

States Attorney, 1108 King St. #201, Christiansted, St. Croix; the

Region II Office of the Environmental Protection Agency, 290 Broadway,

New York, New York; and at the Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of the

proposed settlement 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 may payable to the Consent Decree Library in the amount

of $2.00 (25 cents per page reproduction costs).

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-2034 Filed 1-27-97; 8:45 am]

BILLING CODE 4410-15-M