[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Notices]
[Pages 42454-42455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16001]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Resource 
Conservation and Recovery Act (``RCRA'')

    Consistent with Departmental policy, 28 CFR 50.7, notice is hereby 
given that on June 23, 2004, a proposed Consent Decree in United States 
v. Flura Corporation, et al. Civil Action No. 2:04-CV-00200 was lodged 
with the United States District Court for the Eastern District of 
Tennessee.
    In this action the United States sought injunctive relief and 
penalties against Flura Corporation (``Flura'') and Edward Tyczkowski 
pursuant to the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act (``RCRA'') Section 7003. The United 
States sought an injunction requiring Flura and Edward Tyczkowski to 
comply with Administrative Orders issued by EPA on June 17, 1999 and 
March 30, 2000, in order to abate an imminent and substantial 
endangerment to public health, welfare, and the environment connected 
with Flura's facility at 610 Rock Hill Road, Newport, Cocke County, 
Tennessee. The United States also sought civil penalties for 
Defendant's violations of the Administrative Orders pursuant to Section 
7003(b) of RCRA, 42 U.S.C. 6973(b).
    Due to the insolvency of Flura, and the confirmed inability to pay 
a penalty of Edward Tyczkowski, the proposed Consent Decree, which 
settles the liability of Flura and Mr. Tyczkowski for violations 
alleged in the Complaint, does not require the payment of any penalty. 
The proposed Consent Decree requires continued compliance with the EPA 
Administrative Orders and injunctive relief as to Edward Tyczkowski's 
handling, storage, treatment, transportation or disposal of solid or 
hazardous waste.
    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. 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). Comments should be addressed to the 
Assistant Attorney General, Environmental and Natural Resources 
Division, P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 
20044-7611, and should refer to United States v. Flura Corporation, et 
al., D.J. Ref. 90-7-1-06889.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 800 Market Street, Suite 211 Knoxville, TN 
37902, and at U.S. EPA Region IV, 61 Forsyth Street, Atlanta, Georgia, 
30303. During the public comment period the proposed Consent Decree may 
also be examined on the following Department of Justice Web site http://www.usdoj.gov/enrd/open.html. A copy of the proposed 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 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, please enclose a

[[Page 42455]]

check in the amount of $7.00 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Ellen Mahan,
Assistant Section Chief Environmental Enforcement Section Environment 
and Natural Resources Division
[FR Doc. 04-16001 Filed 7-14-04; 8:45 am]
BILLING CODE 4410-15-M