Notice of Lodging of Consent Decree

Federal RegisterOct 1, 1997

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Under 28 C.F.R. Sec. 50.7, notice is hereby given that on September

12, 1997, a proposed Consent Decree in United States v. Marine Shale

Processors, Inc., Civ. No. CV90-1240, was lodged with the United States

District Court for the Western District of Louisiana.

In this action against Marine Shale Processors, Inc., (``MSP'') the

United States sought to recover civil penalties and enjoin violations

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

Sec. 6901 et seq., the Clean Water Act, 33 U.S.C. Sec. 1251 et seq.,

the Clean Air Act, 42 U.S.C. Sec. 7413. The United States also sought

relief under the Comprehensive Environmental Response, Compensation,

and Liability Act (``CERCLA''), 42 U.S.C. Sec. Sec. 9604, 9606, and

9607. MSP operated a facility in Morgan City, Louisiana that treated

hazardous waste by combustion.

This settlement resolves civil claims pending against MSP, as well

as the civil claims against Southern Wood Piedmont, one of MSP's

customers, and Recycling Park, Inc., an intervenor. The Proposed Decree

also settles the claims of the State of Louisiana, co-Plaintiff in a

number of the claims.

Under the proposed Decree, a new company, GTX, Inc. will purchase

the assets and liabilities of MSP if and when GTX obtains certain

environmental permits. MSP will pay a total penalty in excess of $10

million. GTX will dispose of the incinerator ash produced by MSP in a

RCRA Subtitle C landfill. Further, GTX will upgrade the pollution

control devices and hazardous waste storage tanks at the Facility.

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

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

Decree. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, DC 20530, and should refer to United States v.

Marine Shale Processors, Inc., D.J. Ref. 90-11-2-204.

The consent decree may be examined at the Office of the United

States Attorney, Hale Boggs Federal Building, 501 Magazine Street, New

Orleans, LA 70130, at U.S. EPA Region VI, 1445 Ross Avenue Dallas, TX

75202-2733, and at the Consent Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005. In requesting a copy, please enclose a

check in the amount of $30.00 (25 cents per page reproduction cost)

payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-25996 Filed 9-30-97; 8:45 am]

BILLING CODE 4410-15-M

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