[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Pages 1802-1803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-188]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act; Gulf Chemical & Metallurgical Corp.

    In accordance with Departmental policy, 28 CFR and 50.7, notice is 
hereby given that on December 21, 1994, [[Page 1803]] a proposed 
consent decree in United States v. Gulf Chemical & Metallurgical Corp., 
Civil Action No. H-93-0100, was lodged with the United States District 
Court for the Southern District of Texas. This consent decree 
represents a settlement of claims against Gulf Chemical and 
Metallurgical Corp. for violations of the Clean Water Act.
    On January 12, 1994, the United States filed a Complaint pursuant 
to Section 309 of the Clean Water Act (``CWA'' or ``the Act''), 33 
U.S.C. 1319, for injunctive relief and assessment of civil penalties 
against Gulf Chemical and Metallurgical Corporation. On December 6, 
1993, the United States filed its Second Amended Complaint. The Second 
Amended Complaint sought injunctive relief and the assessment of civil 
penalties from GCMC and alleged that Gulf violated the conditions and 
limitations of its NPDES Permit No. TX0034738 by discharging pollutants 
in excess of the permit's effluent limitations, failing to comply with 
the compliance schedule in Part I.B. of the permit, failing to comply 
with the permit's monitoring and reporting requirements, and bypassing 
Outfall 001 in violation of Part II.B.4 of the permit; and that Gulf 
failed to comply with the requirements of Administrative Order VI-89-
058 issued by EPA on November 30, 1988. Subsequently, the United States 
and Gulf Chemical and Metallurgical Corp. reached a settlement which 
resolves the issues set forth in the Second Amended Complaint. Under 
this settlement between the United States and Gulf Chemical and 
Metallurgical Corp, Gulf Chemical and Metallurgical Corp. will pay the 
United States a civil penalty of $750,000. In addition, the consent 
decree provides for stipulated penalties for violations by Gulf 
Chemical and Metallurgical Corp. of effluent limitations in NPDES 
permit TX0034738.
    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, Washington, D.C. 20530, and should refer to 
United States v. Gulf Chemical and Metallurgical Corp., D.J. ref. 90-5-
1-1-2297A.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Southern District of Texas, 910 Travis, Suite 
1500, Houston, TX, and at Region VI, Office of The Environmental 
Protection Agency, 1445 Ross Ave, Dallas, TX 75202-2733, and at the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005. 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., 
4th Floor, Washington, D.C. 20005. In requesting a copy, please enclose 
a check in the amount of $4.75 (25 cents per page reproduction costs) 
payable to the Consent Decree Library.
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-188 Filed 1-4-95; 8:45 am]
BILLING CODE 4410-01-M