[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Notices]
[Pages 22106-22107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10816]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that a proposed Consent Decree in United 
States of America v. Alexander City, Alabama, Russell Corporation, 
Avondale Mills, Inc., and the State of Alabama, Civ. No. 02-W-428-E, 
was lodged on April 15, 2002, with the United States District Court for 
the Middle District of Alabama.
    The proposed Consent Decree would resolve certain claims under 
sections 301 and 402 of the Clean Water Act, 333 U.S.C. 1251, et seq., 
against Alexander City, Alabama (``the City''), Russell Corporation 
(``Russell'') and Avondale Mills, Inc. (``Avondale'') (collectively 
``Settling Defendants''), through the payment of a civil penalty and 
the performance of a Supplemental Environmental Project (``SEP''). The 
United States alleges that the City is liable as a person who has 
discharged a pollutant from a point source to navigable waters of the 
United States in excess of permit limitations. The United States 
alleges that Russell and Avondale are liable as persons who caused 
interference with publicly-owned treatment works and pass through of 
untreated contaminants to navigable waters of the United States. The 
United States further alleges that the City failed to develop and 
enforce specific effluent limits of Industrial Users that were 
necessary to ensure renewed and continued compliance with the City's 
National Pollutant Discharge Elimination System (``NPDES'') permit.
    The proposed Consent Decree would resolve the liability of the 
Settling Defendants for the violations alleged in the complaint filed 
in this matter. To resolve these claims, the Settling Defendants will 
each pay a civil penalty of $10,000, and collectively will perform a 
land acquisition SEP valued at $197,000. Claims against the State of 
Alabama, which is named as a defendant solely pursuant to section 
309(e) of the Clean Water Act, 33 U.S.C. 1319(e), are not resolved by 
the proposed Consent Decree.
    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

[[Page 22107]]

addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, P.O. Box 7611, U.S. Department of Justice, 
Washington, D.C. 20044 and should refer to United States v. Alexander 
City, Alabama, et al., DJ No. 90-5-1-1-06993.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the Middle District of Alabama, One Court 
Square, Suite 201, Montgomery, AL 36104, and at the Region 4 Office of 
the Environmental Protection Agency, Atlanta Federal Center 61 Forsyth 
Street, SW, Atlanta GA 30303. 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 ``US Treasury'', in the amount of $10.75, to: 
Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 
Washington, DC 20044-7611. The check should refer to United States v. 
Alexander City, et al, DJ No. 90-5-1-1-06993.

Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-10816 Filed 5-1-02; 8:45 am]
BILLING CODE 4410-15-M