[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42593-42594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20842]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation and Recovery Act

    In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is 
hereby given that on July 22, 1997, a proposed amended consent decree 
in United States v. Proteccion Tecnica Ecologica, Inc., et. al., Civil 
Action No. 86-1698 (HL), was lodged with the United States District 
Court for the District of Puerto Rico, pursuant to the Resource 
Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq. The 
proposed consent decree amends a consent decree the United States 
entered into with Proteccion Tecnica Ecologica Inc. (``Proteco''), and 
Compania Ganadera

[[Page 42594]]

Del Sur, Inc., which decree was entered by the Court in October, 1987 
(``Original Consent Decree''). The proposed amended consent decree also 
resolves the United States' claims with respect to the United States' 
Motion to Enforce the Consent Decree and United States' Motion to Amend 
and Supplement the Complaint.
    The proposed amended consent decree requires Proteco to close the 
hazardous waste units at the facility Proteco operates at Penuelas, 
Puerto Rico (``Facility'') pursaunt to closure plans approved by the 
Environmental Protection Agency. In addition, the proposed amended 
consent decree requires Proteco to deposit $40,000 per month in an 
escrow account, which monies shall be spent to close the hazardous 
waste units; Proteco is required to continue to make deposits into the 
escrow account until it has paid into the account an amount equal to 
the estimated cost of closure. Further, Proteco's civil penalty 
obligations under the Original Consent Decree will be modified to 
provide that the United States will forgive $225,671 of the civil 
penalty amount that Proteco owed. The United States has already 
received at least $283,750 in civil penalties under the Original 
Consent Decree and the United States will receive at least an 
additional $690,000 after entry of the amended consent decree. Further, 
if Proteco sells its assets or over 50% of its stock within one year of 
the public notice of the proposed closure plan for the Facility, 
Proteco will pay an additional civil penalty in the amount of $225,671.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed amended consent decree. Any 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. Proteccion Tecnica Ecologica, Inc., et al., 
D.J. Ref. 90-7-1-345a.
    The proposed amended consent decree may be examined at the Office 
of the United States Attorney, Federal Office Building, Carlos E. 
Chardon Ave., Hato Rey, Puerto Rico 00918, and at the Region II office 
of the Environmental Protection Agency, 290 Broadway, New York, New 
York 10007-1866, and at the Consent Decree Library, 1120 G Street, 
N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 
proposed amended 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 
(there is a 25 cent per page reproduction cost) in the amount of $9.00 
payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 97-20842 Filed 8-6-97; 8:45 am]
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