[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42138-42139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17927]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under The Resource 
Conservation and Recovery Act (RCRA)

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on July 8, 2011, a proposed Consent Decree in United 
States and State of Florida Department of Environmental Protection v. 
Hi-Acres, LLC, d/b/a Foremost Fertilizer, Civil Action No. 5:11-cv-
00389-WTH-KRS, was lodged with the United States District Court for the 
Middle District of Florida, Ocala Division.
    The Consent Decree represents the settlement of claims brought by 
the United States and State of Florida Department of Environmental 
Protection (``FDEP'') for violations by Hi-Acres at a retail sales 
outlet for pesticides, herbicides, and fertilizers located in Leesburg, 
Lake County, Florida. The Complaint alleged, inter alia, violations of 
the Resource Conservation and Recovery Act (``RCRA'') Section 3008(a), 
42 U.S.C. 6928(a), and the federal regulations promulgated at 40 CFR 
Parts 260 through 279; the authorized hazardous waste management 
regulations of the State of Florida, relating to the generation, 
transportation, treatment, storage, handling and disposal of hazardous 
wastes, Fla. Admin. Code Chapter 63-740, et seq; and Fla. Stat. Sec.  
403.727; and of RCRA Section 3004(d), 42 U.S.C. 6924(d), and Fla. Stat. 
Chapter 403

[[Page 42139]]

(Environmental Control), Part IV. (Resource Recovery Management), 
relating to the disposal of hazardous wastes restricted from land 
disposal.
    Under the Consent Decree, Hi-Acres must commence site 
rehabilitation in accordance with State of Florida rules and 
regulations for all solid waste management units and areas of 
contamination that are identified on the appendix to the Consent 
Decree. Hi-Acres is required to provide any necessary revisions to its 
Contamination Assessment Protection Plan, along with any proposed 
alternate schedules for completing the required work. Hi-Acres will be 
required under the Consent Decree to submit periodic status reports to 
FDEP. Once the site is cleaned up, Hi-Acres shall submit to FDEP a site 
rehabilitation completion report. Hi-Acres will further be required to 
submit a plan for all necessary environmental monitoring to ensure the 
effectiveness of the on-going cleanup, including groundwater 
monitoring. Hi-Acres will be required to pay a penalty of $400,000, 
evenly split between EPA and the FDEP, along with interest, per the 
terms of the Consent Decree.
    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, 
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 and State of Florida Department of Environmental 
Protection v. Hi-Acres, LLC, d/b/a Foremost Fertilizer, Inc. D.J. Ref. 
90-7-1-09265.
    The Consent Decree may be examined at U.S. EPA Region 4, Atlanta 
Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303. 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 $9.75 (for the Consent Decree only) and $17.00 
for the Consent Decree and all exhibits thereto) (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.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-17927 Filed 7-15-11; 8:45 am]
BILLING CODE 4410-15-P