Notice of Lodging of Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Air Act

Under 28 CFR 50.7, notice is hereby given that on July 23, 1998, a

proposed Consent Decree in United States v. Day & Zimmermann Hawthorne

Corporation and Wesley Corporation, Civil Action No. 98419 DWH RAM, was

lodged with the United States District Court for the District of

Nevada.

In this action, the United States sought recovery of civil

penalties and injunctive relief in connection with alleged violations

of the National Emissions Standards for Hazardous Air Pollutants for

asbestos (``asbestos NESHAP'') during the demolition of houses in the

Babbitt Housing Area at Hawthorne Army Ammunition Plant in Hawthorne,

Nevada, during May and June, 1993. The Consent Decree recovers a civil

penalty of $120,000 for violations resulting from failure by defendants

to give required notice of the demolition to EPA, failure to remove

category II regulated asbestos containing material (``RACM'') prior to

beginning the demolition, failure to keep such material wet until

removed from the demolition site and failure to dispose of the RACM at

a proper disposal site on a total of 26 days. The Consent Decree

includes injunctive relief requirements to prevent future violations of

the Act and the asbestos NESHAP.

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. Day

& Zimmermann Hawthorne Corporation and Wesley Corporation, D.J. Ref.

90-5-2-1-2013.

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

States Attorney, 100 West Liberty Street, Suite 600, Reno, Nevada, 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 check in the amount of $4.75 (25 cents per page

reproduction cost) payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-20682 Filed 8-3-98; 8:45 am]

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