[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56552-56553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8297]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on September 15, 2006, a proposed 
consent decree in United States v. C&D Technologies, Inc., Civ. No. 
1:03-cv-413 was lodged with the United States District Court for the 
Southern District of Indiana.
    In this action the United States sought civil penalties and 
injunctive relief for alleged violations of the Clean Water Act and its 
pertinent regulations at C&D Technologies, Inc.'s lead acid battery 
manufacturing facility in Attica, Indiana. Specifically, the United 
States' complaint alleged: (1) Violations of the Pretreatment Standards 
for Existing Sources and new sources of pollution (``PSES''), 40 CFR 
403, and the PSES for Battery Manufacturing, 40 CFR 403.5(d) and CWA 
Section 307(d), 33 U.S.C. 1317(d); (2) violations of C&D's National 
Pollution Discharge Elimination System permit (``NPDES Permit'') and 
CWA Sections 301 and 402, 33 U.S.C. 1311 and 1342; (3) that C&D through 
the presence of lead in its effluent prevented the Attica, Indiana, 
Publicly Owned Treatment Works (``POTW'') from using the POTW's chosen 
sludge use or disposal practice, in violation of 40 CFR 403.5 and 
403.2, and CWA Section 307(d) 33 USC 1317(d); (4) that C&D failing to 
submit compliance reports in violation of 40 CFR 403.12 and DWA Section 
307, 33 U.S.C. 1317; (5) that C&D failed to comply with the PSES for 
Battery Manufacturing by failing to monitor its effluent for copper 
content, in violation of 40 CFR 461.34, 40 CFR 403.12(g), and CWA 
Section 307, 33 U.S.C. 1317 and (6) that C&D failed to comply with 
certain provisions of a 1997 Administrative Order, in violation of CWA 
Sections 308 and 309, 33 U.S.C. 1318 and 1319.
    Under the proposed Consent Decree, C&D would pay a civil penalty of 
$1,600,000 and undertake various injunctive relief measures in addition 
to previous injunctive relief expenditures.
    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. Comments 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. C&D Technologies, Inc., D.J. Ref. 90-5-1-1-
06996.
    The proposed Consent Decree may be examined at the Office of the 
United

[[Page 56553]]

States Attorney for the Southern District of Indiana, U.S. Courthouse--
5th Floor, 46 East Ohio Street, Indianapolis, IN 46204 (contact Asst. 
U.S. Attorney Thomas Kieper (317)-26-6333)), and at U.S. EPA Region 5, 
7th Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois 
60604 (contact Assoc. Regional Counsel Larry Johnson (312-886-6609)). 
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) 514-1547. In requesting a 
copy from the Consent Decree Library, please enclose a check in the 
amount of $12.50 (25 cents per page reproduction cost) payable to the 
U.S. Treasury or, if by e-mail or fax, forward a check in that amount 
to the Consent Decree Library at the stated address.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-8297 Filed 9-26-06; 8:45 am]
BILLING CODE 4410-15-M