[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Notices]
[Pages 53200-53201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25286]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to Clean Air Act

    In accordance with Department of Justice regulations 28 C.F.R. 50.7 
notice is hereby given that on October 2, 1995 a proposed Consent 
Decree in United States v. Eljer Manufacturing, Inc., Case No. 
4:95CV2103, was lodged in the United States District Court for the 
Northern District of Ohio. The Complaint filed by the United States 
alleges various violations of the Clean Water Act (``the Act''), 33 
U.S.C. 1319(b), including discharges without an appropriate permit 
issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. The Consent 
Decree provides that Eljer shall not discharge pollutants from its 
facility to any stream, tributary, body of water, or wetland area on 
Eljer's property or to any navigable waters not located on Defendant's 
property except in compliance with a permit issued pursuant to Section 
402 of the Act, 33 U.S.C. 1342. Eljer shall also comply with all 
applicable industrial user regulations found within 40 C.F.R. 
Sec. 403.12, and all requirements and limitations contained in its City 
of Salem industrial user wastewater discharge permit.
    Eljer is also obligated under the proposed decree to undertake and 
complete a Sediment Remediation Plan and Post Sediment Remediation 
Verification Plan (``SRP''). The SRP provides for the removal of 
certain sediments in the tributary of Stone Mill Run on Eljer's 
property at two former discharge outfall locations and continuing 
downstream from such outfalls to the tributary's intersection with 
Stone Mill Run, to the extent necessary to achieve a cleanup level of 
150 mg/kg for lead in sediments. The Consent Decree also requires Eljer 
Manufacturing, Inc. to pay a civil penalty of $300,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments concerning the proposed 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, U.S. Department of 
Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, and 
should refer to United States v. Eljer Manufacturing, Inc., D.J. Ref. 
No. 90-5-1-1-3815.
    The proposed Consent Decree may be examined at any of the following 
offices: (1) The United States Attorney for the Northern District of 
Ohio, Room 208 U.S. Courthouse, 2 South Main St., Akron, Ohio 44308 
(contact Assistant United States Attorney James L. Bickett); (2) the 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590 (contact Assistant Regional 
Counsel Deborah Carlson); and (3) the Consent Decree Library, 1120 G 
Street, NW., 4th Floor, Washington, DC 20005, 202-624-0892. A copy of 
the proposed Consent Decree may be obtained in person or by mail from 
the Consent Decree, 1120 G Street, NW., 4th Floor, Washington, DC 
20005. In requesting a copy, please refer to the reference case and 
enclose a check in the amount of $3.00 (25 cents per page reproduction 

[[Page 53201]]
costs), payable to the Consent Decree Library.
Joel M. Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-25286 Filed 10-11-95; 8:45 am]
BILLING CODE 4410-01-M