Notice of Lodging of consent Decree Pursuant to the Clean Air Act and the Clean Water Act

DEPARTMENT OF JUSTICE

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

and the Clean Water Act

Under 28 CFR 50.7, notice is hereby given that on October 6, 1999,

a proposed consent decree in United States v. Almond Investment Co. and

Almond Products, Inc. Civil Action No. 1:99 CV 783, was lodged with the

United States District Court for the Western District of Michigan.

In this action, the United States sought injunctive relief and

civil penalties under Section 113(b) of the Clean Air Act, 42 U.S.C.

7413(b), for violations of the federally approved Michigan State

Implementation Plan (``SIP'') and Title V of the Clean Air Act at one

of Almond Investment Co.'s Muskegon, Michigan, facilities.

Specifically, the Complaint alleges the Almond Investment Co. violated

various permitting and volative organic compound emission requirements

in Mich. Admin. Code Secs. 336.1201(1), 336.1220, 336.1621(1),

336.1621(5) of the Michigan State Implementation Plan, Title V of the

Clean Air Act, 42 U.S.C. 7661--7661f, and Mich. Admin. Code

Sec. 336.1210 at its Muskegon, Michigan, facility located at 6435

Schamber Drive.

In addition, 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), (d), for violations of Section 307(d) of

the Clean Water Act, 33 U.S.C. 1317(d), and certain pretreatment

standards in 40 CFR 413.44(c), (g), 413.54(c), (g), with respect to

wastewater discharges at Almond Investment Co.'s Muskegon, Michigan,

facility located at 1239 E. Broadway.

Almond Products, Inc., purchased the two Muskegon facilities from

Almond Investment Co. in May 1999. Almond Products, Inc., is named as a

defendant pursuant to Fed. R. Civ. P. 19 as a party that is necessary

for complete relief.

The proposed decree provides for injunctive relief pursuant to

which Almond Products, Inc., has permanently disconnected one of the

coating lines at the Schamber facility and will install a thermal

oxidizer at one of the remaining coating lines. At the Broadway

facility, Almond Products, Inc., will prepare a baseline monitoring

report reflecting current operations and will develop and implement an

operation and maintenance plan to ensure compliance with applicable

pretreatment limits. Almond investment Co. will pay a civil penalty of

$50,000, based on an ability-to-pay analysis, to resolve claims under

the Clean Air Act, the Michigan SIP, and the Clean Water Act.

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, DC 20530, and should refer to United

States v. Almond Investment Co. and Almond Products, Inc., DOJ Ref. #

90-5-2-1-06732.

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

United States Attorney for the Western District of Michigan, 330 Ionia

Ave., NW, Ste. 501 Grand Rapids, Michigan 49503, and at U.S. EPA Region

5, 77 West Jackson Boulevard, Chicago, IL 60604. A copy of the proposed

consent decree may also be obtained by mail from the Department of

Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044. In

requesting a copy please refer to the referenced case and enclose a

check in the amount of $5.50 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 99-27902 Filed 10-25-99; 8:45 am]

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