Notice of Consent Decree Under The Resource Conservation and Recovery Act and Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Consent Decree Under The Resource Conservation and

Recovery Act and Clean Water Act

Notice is hereby given that a consent decree in United States and

State of Texas v. Encycle/Texas, Inc. and ASARCO, Inc., Civil Action

No. H-99-1136 (S.D. Tx.) was lodged with the United States District

Court for the Southern District of Texas on April 15, 1999.

In this action the United States and State of Texas sought

injunctive relief and civil penalties under Section 3008(a) of the

Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(a),

and the United States sought injunctive relief and civil penalties

under Section 309 (b) and (d) of the Clean Water Act (``CWA''), 33

U.S.C. 1319 (b) and (d). The decree resolves civil penalty and

injunctive relief claims of the United States and Texas against

Encycle/Texas, Inc. (``Encycle'') and ASARCO Inc. (``ASARCO'') under

RCRA for alleged violations of hazardous waste regulations associated

with

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materials management practices at Encycle's facility in Corpus Christi,

Texas and ASARCO's facilities in: East Helena, Montana; El Paso; Texas;

and Amarillo, Texas. The consent decree also resolves civil penalty and

injunctive relief claims of the United States against ASARCO under the

CWA for alleged unpermitted discharges and permit violations at

ASARCO's Tennessee mines.

The decree requires Encycle and ASARCO Inc. to: revise Encycle/

Texas, Inc.'s hazardous waste management procedures; perform

appropriate RCRA corrective action at Encycle and ASARCO's El Paso

facility; develop and use innovative metals recycling technology at

Encycle; perform an auto and truck tire recycling project at El Paso;

implement an enhanced corporate-wide environmental management and

compliance auditing system at ASARCO's operating domestic facilities.

The settlement also includes payment of civil penalties for alleged

past violations totaling $5.5 million ($2 million to be paid to the

State of Texas), and performance of the following supplemental

environmental projects: a permanent 30 acre environmental conservation

area for public use to be maintained by ASARCO in Corpus Christi; an

air quality project to reduce particulate pollution in the El Paso

area; and, a wetlands restoration project at ASARCO's Coy Mine in

Tennessee.

The Department of Justice will accept written comments relating to

the proposed consent decree for thirty (30) days from the date of

publication of this notice. Please address comments to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044 and refer to United States and State of Texas v. Encycle,

Texas, Inc. and ASARCO Inc. (S.D. Tx.), DJ Ref. #s: 90-7-1-910, 90-7-1-

910/1, and 90-7-1-890.

Copies of the proposed consent decree may be examined at the Office

of the United States Attorney, 910 Travis Street, Houston, Texas 77002;

at the U.S. Environmental Protection Agency, Region VI, 1445 Ross

Avenue, Dallas, Texas 75202, and at the Consent Decree Library, 1120 G

Street, N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-8892. A copy

of the consent decree may also be obtained in person or by mail at the

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

D.C. 20005. When requesting a copy of the decree by mail, please

enclose a check in the amount of $72.25 for a copy including exhibits,

or $31.50 for a copy excluding exhibits (twenty-five cents per page

reproduction costs) payable to the ``Consent Decree Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, U.S. Department of Justice.

[FR Doc. 99-11074 Filed 5-3-99; 8:45 am]

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