[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Notices]
[Pages 45058-45059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21554]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Federal 
Insecticide, Fungicide, and Rodenticide Act and the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with 28 CFR 50.7 and 42 U.S.C. 9622(i), notice is 
hereby given that on August 21, 2001, a Consent Decree was lodged with 
the United States District Court for the District of Puerto Rico in 
United States v. Tropical Fruit, S.E., et al., Civil Action No. 97-
1442-DRD. In the complaint the United States, on behalf of the U.S. 
Environmental Protection Agency (``EPA''), alleged that the Defendants 
violated the Federal Insecticide, Fungicide, and Rodenticide Act 
(``FIFRA''), 7 U.S.C. 136 et seq., and the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601, 
et seq., at a Farm located in Rural Zone Boca, Guayanilla, Puerto Rico. 
The United States' complaint alleged, inter alia, that Defendants 
applied pesticides to agricultural crops, including mangos and bananas, 
located on the Farm in such a manner that the pesticides drifted or 
otherwise migrated beyond the boundaries of Defendants' Farm in 
contravention of the pesticide label requirements.
    The Consent Decree requires Defendants to pay $35,000 in penalties 
and CERCLA response costs and to comply with extensive injunctive 
relief measures, including the creation of a buffer zone on the 
northern and a portion of the western perimeter of the

[[Page 45059]]

Farm which will vary in width up to 173 feet. In the areas of the Farm 
adjacent to residences which are in mango production, Tropical Fruit 
will remove, and at its option, relocate, mango trees in a 173 foot 
buffer zone area, plant plantains, and will also ultimately completely 
cease spraying pesticides in this 173 foot buffer zone. In the areas of 
the Farm that are not adjacent to residences and which are in mango 
production, Tropical Fruit will ultimately completely cease spraying 
pesticides in a 50-75 foot buffer zone area closest to the border of 
the Farm and will apply pesticides only through hand spraying equipment 
in the remaining approximately 100-123 feet of this buffer zone. In the 
areas of the Farm which are in banana production, the Farm will create 
a 50-125 buffer zone in which it will ultimately completely cease 
spraying pesticides. Tropical Fruit has also agreed, among other 
things, to (i) plant a vegetative barrier comprised of neem trees (in 
some places two rows of neem trees and in other areas, one row) along 
nearly the entire perimeter of the buffer zone; (ii) observe wind speed 
restrictions when spraying pesticides; (iii) purchase and use an 
improved anemometer (to measure wind speed) that will allow for instant 
communication between the anemometer and the tractor spraying the 
pesticides; (iv) employ an individual to monitor pesticide hand-
spraying operations for three years; and (v) utilize drift retardants 
when applying pesticides.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Washington, DC 20044, and should 
refer to United States v. Tropical Fruit, S.E., et al., D.J. Ref. 1-
1700z.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Federal Building Room 452, Carlos Chardon 
Avenue, Hato Rey, PR 00918, and at two offices of the Environmental 
Protection Agency, Region II: EPA, 290 Broadway, 17th floor, New York, 
NY 10007-1866 or EPA, Carribean Environmental Protection Division, 
Centro Europa Building, Suite 417, 1492 Ponce De Leon, Stop 22, 
Santurce, Puerto Rico, 09907-4127. A copy of the proposed Consent 
Decree may also be obtained by mail from the Department of Justice 
Consent Decree Library, P.O. Box 7611, Washington, DC 20044. In 
requesting a copy, please enclose a check (there is a 25 cent per page 
reproduction cost) in the amount of $11.75 payable to the ``Consent 
Decree Library.''

Walker Smith,
Deputy Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 01-21554 Filed 8-24-01; 8:45 am]
BILLING CODE 4410-15-M