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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-24935

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** September 17, 1998
- **Citation:** 63 FR 49714

## Text

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]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-24935. Public record. Not legal advice.