[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Page 518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33805]


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DEPARTMENT OF JUSTICE


Notice of Lodging of the Consent Decree Under the Resource 
Conservation and Recovery Act and the Clean Water Act

    Notice is hereby given that on December 22, 2011, a proposed 
Consent Decree in United States v. County of Erie (``Erie''), Civil 
Action No. 1:11-cv-01083 (WMS), was lodged with the United States Court 
for the Western District of New York.
    The proposed Consent Decree resolves Erie's Resource Conservation 
and Recovery Act (``RCRA'') violations stemming from its failure to 
meet cathodic protection requirements, release detection requirements, 
and other record-keeping requirements in to relation to its Underground 
Storage Tanks (``USTs'') at sixteen facilities throughout the county. 
The Consent Decree also resolves Erie's Clean Water Act (``CWA'') 
violations stemming from its failure to prepare and implement Spill 
Prevention Control and Countermeasure plans (``SPCC plans'') at eleven 
facilities throughout the county that utilize applicable above ground 
storage tanks. Under the terms of the Consent Decree, Erie will pay a 
$275,000 penalty, prepare and implement eleven SPCC plans, and 
undertake a full RCRA audit to certify to the United States that it is 
in complete compliance with all RCRA requirements at the thirty-six 
facilities it owns or operates that utilize USTs.
    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 
the matter as United States v. County of Erie, D.J. Ref. 90-7-1-09728.
    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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. If requesting a copy from the Consent Decree 
Library by mail, please enclose a check in the amount of $8.75 (25 
cents per page reproduction cost) payable to the U.S. Treasury or, if 
requesting by email or fax, forward a check in that amount to the 
Consent Decree Library at the address given above.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resource Division.
[FR Doc. 2011-33805 Filed 1-4-12; 8:45 am]
BILLING CODE 4410-15-P