[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Page 23957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09521]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On April 4, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Hampshire in the lawsuit entitled United States v. Torromeo 
Industries, Inc., Civil Action No. 1:10-cv-509-JL. Torromeo Industries, 
Inc., is a Massachusetts corporation with a principal place of business 
at 33 Old Ferry Road, Methuen, Massachusetts. Torromeo operates a sand, 
gravel, crushed stone mining, and redi-mix concrete operation at 18 
Dorre Road, Kingston, New Hampshire (``the Facility'').
    The United States filed the underlying action against Torromeo 
Industries, Inc., pursuant to Sections 309(b) and (d) of the Clean 
Water Act (``CWA'' or ``Act''), 33 U.S.C. 1319(b) and (d). The United 
States sought civil penalties and injunctive relief for violations of 
Sections 301, 308, and 402 of the CWA, 33 U.S.C. 1311, 1318, and 1342, 
and applicable implementing regulations relating to Torromeo's 
discharge of process water and storm water to the waters of the United 
States in the course of its operations at the Kingston, NH facility.
    In the proposed Consent Decree, Torromeo Industries, Inc., agrees 
to eliminate all process water discharges from the Facility except as 
specifically authorized by a National Pollutant Discharge Elimination 
System (``NPDES'') permit.
    With respect to storm water runoff, Torromeo will complete and 
submit to EPA an Initial Comprehensive Facility Compliance Evaluation 
(``ICFCE'') for each Construction Materials Facility located in New 
England that it owns or operates, or which it subsequently acquires, 
which shall address all elements specified in the Consent Decree 
(``CD''). Torromeo shall also establish a Storm Water Pollution 
Protection Plan (``SWPPP'') addressing all elements specified in the 
CD.
    Torromeo will implement a Supplemental Environmental Project 
(``SEP''), the Castleton Function Hall Pervious Concrete Project, as 
specified in the CD.
    Torromeo shall pay a civil penalty in the amount of $135,000.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Torromeo Industries, Inc., Civil 
Action No. 1:10-cv-509-JL; DOJ Ref. No. 90-5-1-1-10014. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. Comments may be submitted either by email or by 
mail:

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         To submit comments:                     Send them to:
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By email...........................  [email protected].
By mail............................  Assistant Attorney General, U.S.
                                      DOJ--ENRD, P.O. Box 7611,
                                      Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $15.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-09521 Filed 4-22-13; 8:45 am]
BILLING CODE 4410-CW-P