[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Notices]
[Page 3735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1836]


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DEPARTMENT OF JUSTICE


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

    In accordance with the policy of the Department of Justice, 28 CFR 
50.7, notice is hereby given that a proposed consent decree in United 
States v. Alcoa, Inc., Civ. No. 4:99CV61 AS, was lodged with the United 
States District Court for the Northern District of Indiana, Hammond 
Division at Lafayette, on January 16, 2002. The action was brought by 
the United States against Alcoa, Inc. (``Alcoa'') under section 309(b) 
and (d) of the Clean Water Act (``the Act''), 33 U.S.C. 1319(b) and 
(d), for injunctive relief and assessment of civil penalties. The 
complaint alleges that Alcoa violated the Act and its National 
Pollutant Discharge Elimination System permit (``NPDES Permit'') issued 
pursuant to the Act, by failing to comply with numerical limitations 
governing specific pollutants established by Alcoa's NPDES Permit, 
including Five-Day Biochemical Oxygen Demand (``BOD5''), 
polychlorinated biphlenyls (``PCB''), Total Residual Chlorine, Fecal 
Coliform, Total Suspended Solids (``TSS''), Oil & Grease, and Total 
Aluminum, discharged by Alcoa to Elliott Ditch at its aluminum 
manufacturing facility located in Lafayette, Indiana.
    Under the proposed consent decree, Alcoa will pay a civil penalty 
of $550,000; comply with all applicable NPDES Permit requirements by 
implementing five delineated corrective measures, other corrective 
measures as necessary to ensure continued compliance, additional 
corrective measures including enhanced monitoring, and contingent 
corrective measures if compliance with NPDES Permit requirements for 
TSS and PCB are not maintained for a 12 month period; perform a 
Supplemental Environmental Project (``SEP'') valued at $2 million; 
perform other injunctive relief in the form of instituting an 
Environmental Management System at its facility; and conduct an Elliott 
Ditch/Wea Creek Investigation to evaluate sources, fate and transport 
of PCBs in the water column, sediments and fish in these water bodies.
    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. As a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments which are addressed to the Department of Justice in 
Washington, DC and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, Department of 
Justice, and sent: (1) c/o Clifford D. Johnson, Assistant U.S. 
Attorney, Office of the United States Attorney for the Northern 
District of Indiana, Robert A. Grant Federal Building, 204 South Main 
Street, Room M-01, South Bend, Indiana 46601, (219-236-8287); and/or 
(2) by facsimile to (202) 353-0296; and/or (3) by overnight delivery, 
other than through the U.S. Postal Service, to Chief, Environmental 
Enforcement Section, 1425 New York Avenue, NW, 13th Floor, Washington, 
DC 20005. Each communication should refer on its face to United States 
v. Alcoa, Inc., D.J. Ref. No. 90-5-1-1-06358.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Northern District of Indiana, Robert A. 
Grant Federal Building, 204 South Main Street, Room M-01, South Bend, 
Indiana 46601, and at the United States Environmental Protection Agency 
(Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 
(contact: Joseph Williams (312-886-6631)). A copy of the proposed 
Consent Decree may also be obtained by faxing a request to Tonia 
Fleetwood, Department of Justice Consent Decree Library, fax no. (202) 
616-6584; phone confirmation no. (202) 514-1547. There is a charge for 
the copy (25 cents per page reproduction cost). Upon requesting a copy, 
please mail a check payable to the ``U.S. Treasury'', in the amount of 
$10.75 for the consent decree including one appendix (43 pages) to: 
Consent Decree Library, U.S. Department of Justice, PO Box 7611, 
Washington, DC 20044-7611. The check should refer to United States v. 
Alcoa, Inc., D.J. Ref. No. 90-5-1-1-06358.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-1836 Filed 1-24-02; 8:45 am]
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