[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Notices]
[Page 14995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7292]



[[Page 14995]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Stipulation of Settlement and Judgment

    Notice is hereby given that on March 14, 2003, a proposed 
Stipulation of Settlement and Judgment (``Stipulation'') in United 
States of America and State of Louisiana v. Marine Shale Processors, 
Inc., et al., Civil Action No CV-90-1240, was lodged with the United 
States District Court for the Western District of Louisiana.
    In this action, the United States and the State of Louisiana sought 
civil penalties and injunctive relief for violation of the Resource 
Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Clean Water 
Act, 33 U.S.C. 1251 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., 
and certain laws of the State of Louisiana, and recovery of response 
costs under the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, 42 U.S.C. 9601 et seq., with respect to the 
Marine Shale Processors, Inc. (``MSP''), and Recycling Park, Inc. 
(``RPI''), facilities located in or near Amelia, Louisiana. The 
Stipulation provides for payment of all funds on deposit in the 
registry of the Court to the Secretary of the Louisiana Department of 
Environmental Quality (``Secretary''), for deposit by the Secretary in 
an escrow account, pursuant to La. R.S. 30:2031 B, and expenditure 
solely for closure and remediation of contamination at the MSP Facility 
and/or the RPI Facility. The balance of the funds in the Court Registry 
totaled $5,876,008.11 as of December 5, 2002. The Stipulation also 
orders MSP to pay the following civil penalties: (1) $3 million for 
violations of the Resource Conservation and Recovery Act and the 
Louisiana Hazardous Waste Control Law, to be apportioned 50% to the 
United States and 50% to the State of Louisiana; (2) $1.2 million for 
violations of the Clean Air Act, to be apportioned 50% to the United 
States and 50% to the State of Louisiana; and (3) $1,676,008.11 for 
violations of the Clean Water Act, to be paid in its entirety to the 
United States. The Stipulation also contains restrictions on the future 
participation of John M. Kent, Sr. (``Kent, Sr.''), in the waste 
handling and recycling businesses, requires MSP, RPI and Kent, Sr., to 
provide access to the MSP and RPI Facilities for the purposes of 
investigation and cleanup, and provides the United States, the State of 
Louisiana and Kent, Sr., releases and covenants not to sue regarding 
specified matters.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Stipulation and Letter. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to  United States of America and State of Louisiana v. Marine 
Shale Processors, Inc., et al., D.J. Ref. 90-11-2-204. Commenters may 
request an opportunity for a public meeting in the affected area, in 
accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The Stipulation and Letter may be examined at the Office of the 
United States Attorney, Western District of Louisiana, 705 Jefferson 
Street, Lafayette, Louisiana 70501, and at U.S. EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75201. During the public comment period, the 
Stipulation and Letter, may also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A 
copy of the Stipulation and Letter may also be obtained by mail from 
the Consent Decree Library, PO Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $7.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-7292 Filed 3-26-03; 8:45 am]
BILLING CODE 4410-15-M