Notice of Lodging of Consent Decree Pursuant to the Clean Air Act (CAA)

DEPARTMENT OF JUSTICE

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

(CAA)

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

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

Management, et al., No. 5:97CV123 (N.D. W. Va.), was lodged on July 27,

1998, with the United States District Court for the Northern District

of West Virginia.

The Consent Decree resolves the claims of the United States against

the Defendants Beshara Management Inc., Riverside Plaza Partnership,

Edward C. Beshara, Fred M. Beshara, and James Beshara, in connection

with their operation of a renovation project carried out at the

Riverside Plaza Shopping Center, a strip mall owned by the Defendants,

located on Route 2 in New Martinsville, West Virginia. The Riverside

Plaza project allegedly resulted in the unlawful removal and handling

of asbestos-containing materials. The United States sought injunctive

relief and the assessment of civil penalties against the Defendants for

violations of the National Emission Standard for Hazardous Air

Pollutants (``NESHAP'') for asbestos, promulgated pursuant to Sections

101, 112, 114, 116 and 301 of the Clean Air Act, 42 U.S.C. 7401, 7412,

7414, 7416 and 7601. Under the proposed Consent Decree, Defendants will

be permanently enjoined from any future violations of the asbestos

NESHAP at Riverside Plaza Shopping Center, and will pay to the United

States the sum of $105,000.00 in civil penalties.

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 for the Environment and Natural Resources Division, Department

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

Beshara Management, et al. DJ # 90-5-2-1-2114 (N.D. W. Va.) Comments

may also be addressed to Douglas J. Snyder, U.S. Environmental

Protection Agency, Office of Regional Counsel, 1650 Arch Street,

Philadelphia, PA 19103.

The Consent Decree may be examined and copied at the Office of the

Clerk, U.S. District Court for the Northern District of West Virginia;

or at the Region III Office of the Environmental Protection Agency, c/

o, Douglas J. Snyder, 1650 Arch Street, Philadelphia, PA 19103. A copy

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

the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington,

D.C. 20005. In requesting a copy please refer to the referenced case

and enclose a check in the amount of $2.75 (25 cents per page

reproduction cost), payable to the Consent Decree Library.

Walker Smith,

Deputy Chief, Environmental Enforcement Section.

[FR Doc. 98-24935 Filed 9-16-98; 8:45 am]

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