[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31361-31362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13281]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on May 18, 2011, a proposed Consent 
Decree (``Decree'') in United States of America, State of Texas, and 
State of Oklahoma v. Mahard Egg Farm, Inc., Civil Action No. 3:11-cv-
01031-N, was lodged with the United States District Court for the 
Northern District of Texas (Dallas Division).
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), together with the 
States of Texas and Oklahoma, sought penalties and injunctive relief 
under the Clean Water Act (``CWA'') against Mahard Egg Farm, Inc., for 
violations of Concentrated Animal Feeding Operation (``CAFO'') general 
permit and related laws and regulations. Specifically, the Complaint 
alleges that Mahard discharged pollutants or otherwise failed to comply 
with the terms of its permits at six other facilities, including its 
newest facility near Vernon, Tex., where it also failed to comply with 
the Texas Construction Storm Water General Permit and to ensure safe 
drinking water for its employees. The states of Texas and Oklahoma also 
alleged similar violations of state laws.
    Under the proposed Consent Decree, the Defendants will pay a civil 
penalty and take steps to bring each of its seven CAFO facilities into 
compliance with applicable state and federal laws, permits, and 
regulations, and to restore the lands so as to prevent future 
discharges to area waterways. The settlement mandates the performance 
of specific requirements, such as proper lagoon closures, groundwater 
monitoring, and the construction and maintenance of buffer strips along 
area waterways within the facility boundaries. It also requires on-
going land restoration and management measures, such as restrictions on 
the land-application of manure and on livestock grazing.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should

[[Page 31362]]

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 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 
of America, State of Texas, and State of Oklahoma v. Mahard Egg Farm, 
Inc., Civil Action No. No. 3:11-cv-01031-N, (N.D. Tex.), D.J. Ref. 90-
5-1-1-09279.
    During the public comment period, the Decree may be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 $34 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-13281 Filed 5-27-11; 8:45 am]
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