[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68788-68789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28730]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on October 31, 2011, a proposed Consent 
Decree in United States of America v. E.I. Du Pont de Nemours & Co., 
Case No. 1:11-cv-01057-UNA, D.J. Ref. 90-5-2-1-09746, was lodged with 
the United States District Court for the District of Delaware.
    In this action the United States and Delaware sought civil 
penalties and injunctive relief in connection with Defendant E.I. Du 
Pont de Nemours & Co.'s (``Dupont'') violations of (1) Sections 301(a), 
309(b) and (d), and 402 of the Federal Water Pollution Control Act, 
also known as the Clean Water Act, 42 U.S.C. 1311(a), 1319(b) and (d), 
and 1342 (the ``CWA''), and (2) the Delaware Environmental Protection 
Act, 7 Del.0C. Sec. Sec.  6001 et seq., and Delaware's Regulations 
Governing the Control of Water Pollution, 7 Del. Admin. Code Sec.  
7201. The United States and Delaware contend that Dupont violated its 
National Pollutant Discharge Elimination System permit on numerous 
occasions at its titanium dioxide production facility in Edge Moor, 
Delaware (``Edge Moor Plant''), near Wilmington, and also committed 
violations related to an inadequate Stormwater Pollution Prevention 
Plan and deficient Best Management Practices.
    Under the proposed consent decree, Dupont has obligated itself to 
perform a comprehensive engineering study of the wastewater treatment 
plant and wastewater collection system at the Edge Moor Plant to 
correct any conditions which may result in violations of the above 
federal and state environmental protection laws. It has also agreed to 
pay a civil penalty of $500,000 to resolve its alleged liability. The 
penalty will be shared equally by the United States and Delaware.
    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 emailed 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 v. E.I. Du Pont de Nemours & Co., Case No. 
1:11-cv-01057-UNA, D.J. Ref. 90-5-2-1-09746.
    During the public comment period, the Consent Decree may be 
examined on the following Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html, maintained by the Department of Justice. 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 emailing 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

[[Page 68789]]

Decree Library, please enclose a check in the amount of $10.50 (@ 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.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-28730 Filed 11-4-11; 8:45 am]
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