[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Notices]
[Page 53132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7515]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act, 
Clean Air Act, and the Emergency Planning and Community Right-to-Know 
Act

    Under the policy set out as 28 CFR 50.7, notice is hereby given 
that on August 31, 2006, the United States lodged with the United 
States District Court for the Northern District of Iowa, Eastern 
Division, a proposed consent decree (``Consent Decree'') in the case of 
United States v. AgriProcessors, Inc., Civ. A. No. C04-1037-LRR.
    The Consent Decree settles claims by the United States, pursuant to 
Sections 301 and 307 of the Clean Water Act (``CWA''), 33 U.S.C. 1311 
and 1317; Section 112(r) of the Clean Air Act (``CAA''), 42 U.S.C. 
7412(r); and Sections 312 and 313 of the Emergency Planning and 
Community Right-to-Know Act (``EPCRA''), 42 U.S.C. 11022 and 11023, 
against AgriProcessors, Inc. (``Agri''), regarding its meat processing 
plant in Postville, Iowa. A complaint filed in December 2004 alleged, 
inter alia, that Agri (1) contributed wastewater from its plant to the 
City of Postville's publicly owned treatment works in violation of 
Section 307 of the CWA; (2) failed to properly submit emergency and 
hazardous chemical inventory forms and other records in violation of 
Sections 312(a) and 313 of EPCRA; and (3) failed to properly develop 
and implement a risk management program in violation of Section 112(r) 
of the CAA.
    Under the Consent Decree, Agri agrees to a resolve the United 
States' claims for a civil penalty and a Supplemental Environmental 
Project (``SEP''). For the SEP, Agri will expend at least $12,330 to 
purchase certain emergency response equipment needed by the City of 
Postville Fire Department. Agri will pay the cash penalty, $590,756, 
over a two-year period with interest. In addition, Agri agrees to 
perform an environmental compliance audit at is Postville facility, to 
assess current compliance with the CAA and EPCRA, including applicable 
state analogues. Agri will also perform an environmental compliance 
audit at its new meat processing facility in Gordon, Nebraska, to 
assess current compliance with all applicable Federal and state 
environmental requirements.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period ending on October 5, 2006. Comments must be 
submitted by close of business on October 5, 2006, and should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611, and should refer to United States v. 
AgriProcessors, Inc., DOJ Ref. No. 90-5-1-1-08078/2.
    The Consent Decree may be examined at the offices of the United 
States Attorney, Northern District of Iowa, 401 First Street, SE., Hach 
Building, Suite 400, Cedar Rapids, IA 52401-1825, and at the offices of 
U.S. EPA Region 7, 901 N. 5th Street, Kansas City, KS 66101.
    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/open.html. A copy 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 from the Consent Decree Library, please enclose a 
check in the amount of $12.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury).

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-7515 Filed 9-7-06; 8:45 am]
BILLING CODE 4410-15-M