[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Pages 70966-70967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30155]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decrees Under Clean Water Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that two proposed consent decrees in United States v. 
James R. Chaplin, et al., C.A. No. 5:00-CV-118, were lodged on November 
8, 2002, with the United States District Court for the Northern 
District of West Virginia.
    The consent decrees resolve the United States' claims against James 
R. Chaplin and other defendants named in the complaint, pursuant to 
sections 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and 
(d). At the time the complaint was filed, the defendants owned and 
operated five apartment complexes and previously constructed two single 
family housing subdivisions, all located in the northern part of West 
Virginia. Defendants operated a wastewater treatment and disposal 
facility (``facility'' or ``facilities'') at each apartment complex and 
subdivision.
    One consent decree with the defendants resolves the United States' 
claims that the defendants (a) discharged wastewater containing 
pollutants above limitations in applicable permits, (a) failed to 
properly operate and maintain the facilities, and (c) discharged 
pollutants from one facility without a proper permit. Under this 
consent decree, the defendants will pay a civil penalty of $175,000 and 
obtain a permit for the facility without a permit. Defendants will also 
implement injunctive relief, which includes having each facility 
inspected by a qualified contractor, making necessary repairs to each 
facility which the defendants continue to own and operate, and 
maintaining service contracts on the facilities.
    In July 2000, Belmont Properties, Inc. (``Belmont'') purchased four 
of the apartment complexes and became managing and controlling partner 
of four defendant partnerships, through which defendants James R. 
Chaplin and Anna Chaplin owned and operated these four complexes. Under 
a second consent decree, Belmont has agreed to implement the same 
injunctive relief measures described above for the facilities at the 
complexes it now owns.
    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 decrees. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, PO 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States v. James R. Chaplin, et al. and DOJ 
Reference No. 90-5-1-06425.
    The proposed consent decrees may be examined at the Office of the 
United States Attorney, 1100 Main Street, Suite 200, Wheeling, West 
Virginia 26003; and the Region III Office of the Environmental 
Protection Agency, 1650 Arch Street, Philadelphia, Pennsylvania

[[Page 70967]]

19103. Copies of the proposed decrees may be obtained by mail from the 
Consent Decree Library, PO Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing a request to Tonia Fleetwood, 
fax number (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting copies of the two consent decrees exclusive of exhibits, 
please enclose a check in the amount of $18.00 (.25 cents per page 
production costs), payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-30155 Filed 11-26-02; 8:45 am]
BILLING CODE 4410-15-M