[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Notices]
[Pages 43554-43555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18242]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Federal Water 
Pollution Control Act (``Clean Water Act'')

    Notice is hereby given that on July 21, 2010, a proposed Consent 
Decree in United States of America v. Fafard Real Estate and 
Development Corp., FRE Building Co. Inc., and Benchmark Engineering 
Corp., Civil Action No. 10-40131 was lodged with the United States 
District Court for the District of Massachusetts.
    In this action, the United States alleged that Defendants violated 
Sections 301 and 308 of the Clean Water Act, 33 U.S.C. 1311 and 1318, 
at thirteen of its facilities in Massachusetts by discharging 
pollutants in storm water associated with construction activity without 
a permit, failing to timely

[[Page 43555]]

submit information required to obtain coverage under the applicable 
storm water permit, and failing to comply with the requirements of the 
storm water permit. The Consent Decree requires Defendants to pay a 
civil penalty of $150,000, perform a Supplemental Environmental 
Project, and implement injunctive relief designed to ensure compliance 
with the Clean Water Act at all its facilities. The Supplemental 
Environmental Project requires the Defendants to impose a permanent 
restriction on a parcel of land and offer it as a donation to the Town 
of Uxbridge, Massachusetts, as well as construct two water quality 
basins and associated storm water management infrastructure on the 
Project site. The injunctive relief requires the Defendants to 
establish the position of storm water manager within the company who 
will be responsible for storm water compliance; conduct pre-
construction inspections and quarterly oversight inspections and 
reviews using EPA-approved forms at all sites, in addition to required 
routine inspections; and implement storm water training programs for 
storm water managers and storm water orientation programs for storm 
water consultants and contractors.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Comments should be addressed to the Deputy Section Chief, 
Environmental Enforcement Section, Environment and Natural Resources 
Division, and either e-mailed to [email protected] or 
mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, and should refer to United States v. Fafard Real Estate and 
Development Corp., FRE Building Co. Inc., and Benchmark Engineering 
Corp., D.J. Ref. 90-5-1-1-08714.
    The Consent Decree may be examined at the Office of the United 
States Attorney, One Courthouse Way, John Joseph Moakley Courthouse, 
Boston, MA 02210, and at U.S. EPA Region 1, 5 Post Office Square, 
Boston, MA 02109. 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. 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 $19.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-18242 Filed 7-23-10; 8:45 am]
BILLING CODE 4410-15-P