[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Notices]
[Page 66765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28538]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    In accordance with the Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States of America 
and the State of Louisiana Department of Environmental Quality v. 
Acadia Woods Add. #2 Sewer Co., et al., Defendants, and Total 
Environmental Solutions, Inc., Intervening Defendant, Civil Action No. 
6:98-0687, was lodged on October 23, 2000, with the United States 
District Court for the Western District of Louisiana, Lafayette-
Opelousas Division. The Consent Decree addresses relief sought by the 
United States on behalf of the United States Environmental Protection 
Agency (``EPA'') under the Clean Water Act (``CWA''), 33 U.S.C. 1251, 
et seq., with respect to numerous, ongoing, violations of the CWA and 
applicable National Pollutant Discharge Elimination System (``NPDES'') 
permits at more than 170 package sewage treatment plants (``STPs'') in 
Louisiana owned and formerly operated by Johnson Properties, Inc., its 
numerous subsidiaries and affiliates, Glenn Johnson, and Darren K. 
Johnson (collectively, the ``Original Defendants'').
    The Consent Decree has been signed by Total Environmental 
Solutions, Inc., (``TESI''), a wholly-owned subsidiary of South 
Louisiana Electric Cooperative Association (``SLECA''). TESI is a 
corporation newly created by SLECA to purchase all of the assets of the 
corporate Original Defendants, and is not connected with the Original 
Defendants. On October 25, 2000, TESI filed a motion to intervene as a 
defendant in the above-captioned action for the purpose of placing the 
STPs on the compliance schedule set forth in the Consent Decree.
    The Original Defendants failed to comply with a 1998 Consent Decree 
requiring them to bring the STPs into compliance. In March 1999, the 
District Court replaced the management of the corporate Original 
Defendants with a receiver. Also in March 1999, the corporate Original 
Defendants commenced a proceeding under Chapter 11 of the Bankruptcy 
Code, entitled In re Johnson Properties, No 99-10437, in the United 
States Bankruptcy Court for the Middle District of Louisiana. The 
Bankruptcy Court appointed the receiver as trustee. After a hearing on 
plan conformation, the Bankruptcy Court concluded that sale of the STPs 
to a qualified buyer willing to invest in repairs and capital 
improvements would serve to advance the objective of causing the STPs 
to comply with the CWA. Under the confirmed plan of reorganization, all 
of the STPs will be sold to TESI. In the Consent Decree, TESI agrees to 
a schedule for performing repairs and improvements and for reaching 
compliance at all of the STPs. If TESI complies with the Consent 
Decree, it will not be liable for penalties if the STPs exceed 
permitted effluent limitations during certain defined periods.
    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, Environment and Natural Resources Division, United 
States Department of Justice, PO Box 7611, Washington, DC 20044, and 
should refer to United States v. Acadia Woods Add. #2 Sewer Co., DOJ 
Ref. No. 90-5-1-1-4375.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 800 Lafayette Street, Lafayette, Louisiana 
70501; the Region 6 office of the Environmental Protection Agency, 1445 
Ross Avenue, Dallas, Texas 75202. A copy of the proposed Consent Decree 
may be obtained by mail from the Consent Decree Library, PO Box 7611, 
Washington, DC 20044. In requesting a copy, refer to the referenced 
case and enclose a check in the amount of $13.50 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.

Walker B. Smith,
Principal Deputy Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 00-28538 Filed 11-6-00; 8:45 am]
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