[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15473]


[[Page Unknown]]

[Federal Register: June 27, 1994]


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DEPARTMENT OF JUSTICE

 

Lodging a Consent Decree Pursuant to the Resource Conservation 
and Recovery Act

    In accordance with Departmental Policy and 28 CFR 50.7, notice is 
hereby given that on June 21, 1994, a proposed consent decree in United 
States v. Roy L. Merritt, et al., Civil Action No. 94CV026, was lodged 
with the United States District Court for the District of Wyoming.
    The first amended complaint filed by the United States seeks 
injunctive relief and civil penalties pursuant to Sections 1414(b) and 
1431 of the Safe Drinking Water Act, 42 U.S.C. 300g-3(b), and 300i, 
against Roy L. and Frances G. Merritt, George Harold Parker, Jr., Linda 
K. Parker, and the trustee for debtor Roy L. Merritt for repeated and 
continuing violations of national primary drinking water regulations, 
40 CFR Part 141. The complaint alleges that drinking water supplied to 
residents through the public drinking water system owned by Merritt's 
Mobile Manor exceeds maximum contamination limitations for nitrate and 
E. Coli, that sampling and reporting of the system was not conducted in 
accordance with applicable sections of 40 CFR part 141, that neither 
the public or the Environmental Protection Agency (EPA) was informed by 
the system operators of exceedances of maximum contaminate limitations, 
and that the owners and operators of the public water system at 
Merritt's Mobile Manor continued to operate the system in violation of 
administrative and emergency administrative orders issued by EPA. The 
complaint seeks injunctive relief to compel defendants to operate the 
public water system in compliance with the Act and its implementing 
regulations and civil penalties for violations of 40 CFR part 141 and 
administrative orders issued by EPA.
    Under this consent decree, four of the five named defendants agree 
to abide by the injunctive relief ordered by the Court, provide safe 
alternative drinking water to residents of Merritt's Mobile Manor until 
municipal water and sewer hookups can be installed, maintain septic 
systems in a manner so as to preclude further contamination to the 
aquifer from sewage disposed by Merritt's Mobile Manor, and make 
payments in satisfaction of civil penalties for violations of 40 CFR 
part 141 and administrative orders issued by EPA.
    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 of the Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
DC 20044, and should refer to United States v. Roy L. Merritt, et al., 
DOJ Ref. #90-5-1-1-2666A.
    The proposed consent decree may be examined at the Office of the 
United States Attorney for the District of Wyoming, J.C. O'Mahoney 
Federal Building, 2120 Capitol Avenue, Cheyenne, Wyoming 82001; the 
United States Environmental Protection Agency, Region 8, 999 18th 
Street--Suite 500, Denver, Colo. 80202-2466; and at the Consent Decree 
Library, 1120 G Street, NW., 4th floor, Washington, DC 20005, (202) 
624-0892. A copy of the proposed decree may be obtained in person or by 
mail from the Consent Decree Library, 1120 G Street, NW., 4th floor, 
Washington, DC 20005. In requesting a copy, please refer to the 
referenced case and number, and enclose a check in the amount of $15.75 
(25 cents per page reproduction costs), payable to the Consent Decree 
Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-15473 Filed 6-24-94; 8:45 am]
BILLING CODE 4410-01-M