[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Notices]
[Pages 44967-44968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19438]


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DEPARTMENT OF JUSTICE


Amended Clean Water Act Consent Decree With Icicle Seafoods, Inc.

AGENCY: Department of Justice.

ACTION: Notice of availability for public comment.

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SUMMARY: Notice is hereby given that on July 18, 2003, an Amended 
Consent Decree in United States v. Icicle Seafoods, Inc., Docket No. 
A03-0142 CV (JWS), was lodged with the United States District Court for 
the District of Alaska. In this action brought pursuant to section 309 
of the Clean Water Act, as amended, 33 U.S.C. 1319, the United States 
has requested the imposition of civil penalties and injunctive relief 
on Icicle Seafoods, Inc. (Icicle). This action arose out of Icicle's 
operation of its Seward Fisheries Facility in Seward,

[[Page 44968]]

Alaska. The United States has alleged that Icicle discharged seafood 
processing waste from that facility to waters of the United States 
without a permit on various days in 2000 and 2001 and that the company 
failed to meet several of the discharge and reporting requirements of 
its authorization to discharge under the general National Pollutant 
Discharge Elimination System permit for seafood processors in Alaska 
(General Permit) on numerous days between January of 1998 and October 
of 2001, all in violation of section 301 of the Clean Water Act, 33 
U.S.C. 1311.
    Like the Consent Decree that was lodged with the court on June 26, 
2003, the Amended Consent Decree requires Icicle to pay an $85,000 
civil penalty and perform several measures of injunctive relief at the 
Seward Fisheries Facility. The first element of injunctive relief, 
requiring that Icicle render salmon heads and waste salmon carcasses 
into fish meal during the 2003 processing season and provide related 
reporting to the Environmental Protection Agency (EPA), allowed Icicle 
to barge that salmon processing waste to an EPA-approved at-sea 
discharge location when the fish meal plant was inoperative and Icicle 
could not freeze that waste or dispose of it by means other than marine 
discharge. The Amended Consent Decree allows an additional exception 
for at-sea discharges of such waste during the period July 11--July 31, 
2003. This exception may be invoked if the fish meal plant is operating 
at full capacity and Icicle cannot freeze or dispose of salmon heads 
and waste salmon carcasses by means other than marine discharge. The 
other injunctive relief measures Icicle is to implement remain the 
same. They concern the reduction of foam generated by the transfer of 
fresh seafood from catcher vessels to the Seward Fisheries Facility for 
processing; means to prevent the introduction of fish hooks into the 
grinders used to chop seafood processing waste into \1/2\'' pieces that 
can be discharged under the General Permit; the monitoring of the 
underwater waste pile created by discharges from the Seward Fisheries 
Facility prior to 2002; and improvement of internal operating 
procedures.

DATES: The Department of Justice will receive for a period of thirty 
(30) days from the date of this publication comments relating to the 
Consent Decree.

ADDRESSES: Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, United states 
Department of Justice and sent to 801 B Street, Suite 504, Anchorage, 
Alaska 99501-3657. Comments should refer to United States v. Icicle 
Seafoods, Inc., D.J. Ref. 90-5-1-1-07395. During the public 
comment period, the Decree may be examined during business hours at the 
same address by contacting Lorraine Carter (907-271-5452) or on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. The Amended Consent Decree may also be examined at the 
Office of the Regional Counsel, EPA Region 10, 1200 Sixth Avenue, 
Seattle, Washington 98101, by contacting Meg Silver (206) 553-1476). A 
copy of the Amended Consent Decree may be obtained by contacting 
Lorraine Carter in writing at the address above or via electronic mail 
([email protected]). In requesting a copy by mail, please 
enclose a check in the amount of $5.00 (25 cents per page reproduction 
cost) payable to the U.S. Treasury.


    Authority: 28 CFR 50.7.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-19438 Filed 7-30-03; 8:45 am]
BILLING CODE 4410-15-M