[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Notices]
[Pages 49475-49476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7100]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Lead-Based Paint 
Hazard Act

    Notice is hereby given that on August 3, 2006, a proposed Consent 
Decree in United States v. Steven J. Meldahl dba SJM Properties, Civil 
Action 06-3202 JNE/JJG, was lodged with the United States District 
Court for the District of Minnesota.
    The Consent Decree settles claims against the owner and management

[[Page 49476]]

company of approximately 31 residential properties containing 
approximately 34 units located in Minnesota, (``Subject Properties''). 
The claims were brought on behalf of the Department of Housing and 
Urban Development, (``HUD''), and the Environmental Protection Agency 
(``EPA'') under the Residential Lead-Based Paint Hazard Reduction Act 
42 U.S.C. 4851 et seq. (``Lead Hazard Reduction Act''). The United 
States alleged in the complaint that the Defendant failed to make one 
or more of the disclosures or to complete one or more of the disclosure 
activities required by the Lead Hazard Reduction Act.
    Under the Consent Decree, Defendant will certify that he is 
complying with residential lead paint notification requirements. In 
addition, Defendant shall pay a civil penalty to the United States of 
$5,000 within 30 days of entry of the Consent Decree and an additional 
$5,000 civil penalty within seven months after entry of the Consent 
Decree. Defendant has agreed to develop a Hazard Reduction Plan for the 
Subject Properties and will replace all painted windows and abate all 
lead-based paint hazards within 2 years after approval of the Hazard 
Reduction Plan. Hazard abatement for at least one-half of the total 
inventory of Subject Properties is to be completed within each year. If 
the Defendant learns that a child with elevated blood lead levels lives 
or frequently visits a subject unit, the hazard abatement work on that 
unit is to be accomplished within 5 months. The Defendant is also 
required to submit annual reports on the progress of the hazard 
abatement work. In addition, on-going operations and maintenance shall 
be implemented at the completion of any window replacement or hazard 
reduction work. The Consent Decree provides for stipulated penalties 
for failure to meet obligations under the Consent Decree. Under the 
Consent Decree the United States provides the Defendant with a covenant 
not to sue or to take administartive action arising out of violations 
of Section 1018 at the Subject Properties.
    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. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611, and should refer to 
United States v. Steven J. Meldahl dba SJM Properties, D.J. 
90-5-2-1-08891.
    The proposed consent decree may be examined at the Department of 
Housing and Urban Development, Office of General Counsel, 451 7th St. 
NW., Room 9262, Washington, DC 20410; at the office of the United 
States Attorney for the District of Minnesota, Assistant U.S. Attorney, 
600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota, 
55415; and at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 
60604. During the public comment period, the consent decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies 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 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 refer to the 
referenced case and enclose a check in the amount of $7.75 (25 cents 
per page reproduction costs), payable to the U.S. Treasury for the 
consent decree in United States v. Steven J. Meldahl dba SJM 
Properties, D.J.  90-5-2-1-08891.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-7100 Filed 8-22-06; 8:45am]
BILLING CODE 4410-01-M