[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Page 28544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13025]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation and Recovery Act (``RCRA'')

    Pursuant to Departmental policy, 28 CFR 50.7, notice is hereby 
given that a proposed consent decree (``Decree'') in United States v. 
Raymond T. James and Rattan Investment Co., Inc., Civ. No. 1999/145, 
was lodged on May 7, 2001 with the United States District Court for the 
District of the Virgin Islands.
    In this action, the United States sought civil penalties and 
injunctive relief, alleging that the operator of a gas station 
popularly known as ``Charlie's Gas Station,'' located in Christiansted, 
St. Croix, U.S. Virgin Islands, violated provisions of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-6992k. More 
particularly, the United States alleged that the operators of Charlie's 
Gas Station failed to employ the release detection methods required for 
the underground storage tanks (USTs) at the facility under federal 
regulations applicable to USTs set forth at 40 CFR Part 280, Subpart D, 
and failed to respond to various information requests sent to them by 
EPA under the authority of Sections 3007(a) and 9005(a) of RCRA, 42 
U.S.C. 6927(a), 6991d(a). The Decree would resolve the liability of the 
defendants, Raymond T. James and Rattan Investment Co., Inc., for the 
alleged violations. The Decree requires the defendants to come into 
compliance with UST regulations by permanently closing the USTs at 
Charlie's Gas Station (which have been temporarily closed since 
December 22, 1998) within sixty days after entry of the Decree, which 
closure will entail cleaning and emptying the USTs, performing a site 
assessment within five days thereafter to determine whether there is 
any contamination at the facility, and , if such contamination is 
found, implementing corrective action. The Decree further requires the 
defendants to pay a civil penalty of $6,000.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, D.C. 20044-7611, and should refer to 
United States v. Raymond T. James and Rattan Investment Co., Inc., DOJ 
Ref. #90-7-1-06362.
    The Decree may be examined at the office of the United States 
Attorney for the District of the Virgin Islands, 1108 King St., Suite 
201, St. Croix, U.S.V.I. 00820-4951 (contact Assistant United States 
Attorney Ernest F. Batenga); and the Region II Office of the 
Environmental Protection Agency, 290 Broadway, New York, New York, 
10007-1866 (contact Assistant Regional Counsel Donna DeCostanzo). A 
copy of the Decree may be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, Washington, D.C. 20044-7611. In requesting a 
copy please refer to the referenced case and enclose a check in the 
amount of $6.25 (25 cents per page reproduction costs), payable to the 
Consent Decree Library.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-13025 Filed 5-22-01; 8:45 am]
BILLING CODE 4410-15-M