[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Page 26257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12584]


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DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Zelmer, 
Inc., and Spencer Heights, L.L.C., civil case number 09-4072, was 
lodged with the United States District Court for the District of South 
Dakota, Southern Division on May 21, 2009.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Zelmer, Inc., and Spencer Heights, L.L.C., 
pursuant to the Clean Water Act (``CWA''), 33 U.S.C. 1319(b) and (d), 
to obtain injunctive relief from and impose civil penalties against 
Zelmer, Inc., and Spencer Heights, L.L.C., for violating the Clean 
Water Act by discharging pollutants without a permit into waters of the 
United States, 33 U.S.C. 1311(a); for the violation of the conditions 
of the South Dakota General Permit for Storm Water Discharges 
Associated with Construction Activities; for the violations of orders 
issued to Defendants by the United States Environmental Protection 
Agency; and for failing to provide information in violation of 33 
U.S.C. 1318. The proposed Consent Decree resolves these allegations by 
requiring the Defendants to restore the impacted areas, perform 
mitigation, implement a storm water compliance program and to pay a 
civil penalty.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to: Alan D. 
Greenberg, 1961 Stout Street, 8th Floor, Denver, Colorado 80294 and 
refer to United States v. Zelmer, Inc., and Spencer Heights, L.L.C., DJ 
number 90-5-1-1-17707.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the District of South Dakota, Southern 
Division, 400 South Phillips Avenue, Sioux Falls, SD 57104. In 
addition, the proposed Consent Decree may be viewed at http://www.usdoj.gov/enrd/Consent_Decrees.html.

Maureen M. Katz,
Assistant Section Chief, Environment & Natural Resources Division.
[FR Doc. E9-12584 Filed 5-29-09; 8:45 am]
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