[Federal Register Volume 67, Number 148 (Thursday, August 1, 2002)]
[Notices]
[Page 49951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19383]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act 33 
U.S.C. 1251 to 1387

    Notice is hereby given that on July 18, 2002, a proposed Consent 
Decree in United States v. Asarco Incorporated, Civil Action No. 98-49-
H-CCL was lodged with the United States District Court for the District 
of Montana, Helena Division.
    In this action the United States alleges under section 309(b) and 
(d) of the Clean Water Act (the ``Act''), 33 U.S.C. 1319(b) and (d), 
that Asarco violated certain conditions of the Act's categorical 
pretreatment program which regulates industrial users who discharge to 
publicly owned treatment works (``POTWs''). Specifically, the United 
States alleged that from May 1991 to December 1997, Asarco discharged 
plant process wastewater from its smelting facility to the East Helena, 
Montana POTW in excess of monthly average effluent limits for lead and 
zinc applicable to primary lead processing plants under 40 CFR 421.75. 
The Complaint also alleged that beginning in November 1991 and 
continuing through November 1994 Asarco violated the Act's reporting 
requirements by failing to include in Asarco's semi-annual Periodic 
Reports on Continuing Compliance data describing the nature and 
concentration of pollutants in Asarco's discharge to the POTW as 
required under 40 CFR 403.12. The proposed Consent Decree resolves all 
allegations raised in the United States Complaint against Asarco in 
exchange for a civil penalty of $100,000.00 paid over two years, the 
performance of several Supplemental Environmental Projects (``SEPs'') 
estimated to be worth in total $169,852.00, and other consideration 
worth $15,480.00.
    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, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Asarco, Inc., D.J. Ref. 90-5-1-1-4323/1.
    The proposed consent decree may be examined at U.S. EPA Region 8, 
999 18th Street, Suite 500, Denver Colorado, 80202 and through the 
Project Coordinator, United States Environmental Protection Agency, 
Region 8, Federal Office Bldg. 10 West 15th Street, Suite 3200 Helena, 
Montana 59626. A copy of the consent decree may also be obtained by 
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611, or by faxing a request to Tonia 
Fleetwood, fax no. (202) 514-0097, phone confirmation no. (202) 514-
1547. In requesting a copy, please enclose a check in the amount of 
$6.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury. In requesting a copy exclusive of exhibits and defendants' 
signatures, please enclose a check in the amount of $5.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. The check should 
refer to United States v. Asarco Incorporated., Civil Action No. 98-49-
H-CCL, (D. Mont.).

Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-19383 Filed 7-31-02; 8:45 am]
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