Notice of Lodging of Consent Decree Pursuant to the Clean Water Act; ConAgra, Inc.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act; ConAgra, Inc.

In accordance with Departmental policy, 28 C.F.R. 50.7, notice is

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

ConAgra, Inc., Civil Action No. CIV96-0134-S-LMB, was lodged on October

1, 1998 with United States District Court for the District of Idaho.

The United States of America (``United States''), on behalf of the

United States Environmental Protection Agency, has filed a civil

Amended Complaint pursuant to Section 309 (b) and (d) of the Federal

Water Pollution Control Act, as amended (the ``CWA'' or the ``Act'')),

33 U.S.C. 1319 (b) and (d), and a January 26, 1998 Notice of

Corrections to the Amended Complaint. In the Amended Complaint modified

by a January 26, 1998 Notice of Corrections, the United States alleges

that the Defendant, ConAgra, Inc., violated the Clean Water Act and the

terms and conditions of National Pollutant Discharge Elimination System

permits at the Armour Fresh Meats Company of Nampa, Idaho, beef

slaughterhouse and concentrated animal feeding operation located at

Railroad Road and Amity, Nampa, Idaho (``Facility'').

The proposed consent decree provides that the Defendant shall pay

to the United States $1,000,000 in civil penalties. In addition, the

proposed consent decree requires ConAgra to cease all land application

of wastes at the Facility for so long as a CAFO and/or slaughterhouse

is operated at the Facility, close its existing wastewater treatment

ponds and construct a new wastewater treatment pond(s), and implement a

Supplemental Environmental Project, which requires ConAgra to remove

cattle from its CAFO and cease all use of its CAFO to reduce the

potential sources of pollutants to the surface waters.

The proposed consent decree settles all civil claims against

ConAgra for violations of the CWA at ConAgra's Facility alleged in the

Amended Complaint, as modified by the January 26, 1998 Notice of

Corrections, that occurred prior to the date of lodging of this Consent

Decree, including alleged violations of effluent limitations in

ConAgra's NPDES permits, violations of monitoring, reporting and

records requirements in ConAgra's NPDES permits, and unauthorized

discharges of pollutants to surface waters via french drains, soils and

hydrologically-connected groundwater.

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

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

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. ConAgra, Inc., DOJ Ref. 90-5-1-1-4284.

The proposed consent decree can be examined at the Office of the

United States Attorney, District of Idaho, 877 West Main, Suite 201,

Boise, Idaho 83707; the Region 10, Idaho Office of the Environmental

Protection Agency, 1435 N. Orchard Street, Boise, Idaho 83706; and at

the Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,

D.C. 20005, (202) 624-0892. A copy of the proposed consent decree may

be obtained in person or by mail from the Consent Decree Library, 1120

G Street, N.W., 3rd Floor, Washington, D.C. 20005. In requesting a

copy, please refer to the referenced case and enclose a check in the

amount of $10.50 (25 cents per page reproduction costs) payable to the

Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-27695 Filed 10-13-98; 8:45 am]

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