[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17581-17582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1721]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on March 14, 2007, a proposed Consent 
Decree in United States of America v. William Montgomery, et al, Civil 
Action No. 2:05-CV-0131 was lodged with the United States District 
Court for the Western District of Michigan.
    In this action, pursuant to Sections 309(b) and (g), 33 U.S.C. 
Sec. Sec.  1319(b) and (g) of the Clean Water Act, the United States 
sought judicial enforcement of an administrative Consent Agreement and 
Final Order (``CAFO'') that William Montgomery (``Montgomery'') and 
CCMS Associates, Inc. (``CCMS'') entered into on September 17, 2003. 
The CAFO resolved violations by Montgomery and CCMS of the Clean Water 
Act, requiring them to pay a $30,000 civil penalty and restore 18.51 
acres of wetlands. The complaint also

[[Page 17582]]

sought relief against Montgomery and Montgomery Aggregate Products, 
Inc., for failing to comply with permitting and notice requirements, in 
violation of the Clean Air Act (``CAA''), 42 U.S.C. 7401, et seq., 
specifically the New Source Performance Standards (``NSPS''), for 
nonmetallic mineral processing plants, 40 CFR part 60.
    A default judgment was entered against Defendant CCMS. The proposed 
Consent Decree would, resolve the remaining claims against Defendants 
Montgomery and Montgomery Aggregate Products, Inc., by inter alia, (1) 
requiring them to pay a civil penalty of $72,000; (2) requiring 
Montgomery to perform the wetlands mitigation they previously agreed to 
undertake in the CAFO, as modified in the Decree; and (3) requiring 
them to comply with the provisions of the Clean Air Act and 
specifically, the NSPS for nonmetallic mineral processing plants, 40 
CFR part 60, or pay stipulated penalties for any infraction thereof.
    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, 
Environmental and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Montgomery, et al., D.J. Ref. 90-5-2-1-08092/1. 
Comments may also be submitted by e-mail to the following e-mail 
address: [email protected].
    The Consent Decree may be examined at the Office of the United 
States Attorney, Fifth Floor, 330 Ionia NW., Grand Rapids, MI 49503, 
and at the United States Environmental Protection Agency, Region V, 77 
West Jackson Boulevard, C-14J, Chicago, IL 60604. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.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 $25.75 (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. In requesting a 
copy exclusive of exhibits and defendants' signatures, please enclose a 
check in the amount of $9.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Jennifer L. McManus,
Assistant United States Attorney, U.S. Attorney's Office--Western 
District of Michigan.
[FR Doc. 07-1721 Filed 4-6-07; 8:45 am]
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