[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Page 48251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19342]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Settlement Agreement Under the 
Clean Water Act

    On August 11, 2014, the Department of Justice lodged a proposed 
settlement agreement (the ``Settlement Agreement'') with the United 
States Bankruptcy Court for the Southern District of New York in the 
bankruptcy case of Metro Affiliates, Inc., and its affiliates 
(collectively ``Metro''), In re Metro Affiliates, Inc., et al., Case 
No. 13-13591.
    The parties to the proposed Settlement Agreement are Metro 
Affiliates, Inc., and its affiliates (the ``Debtors''), the United 
States, and the Liquidating Trust established in the bankruptcy. The 
Settlement Agreement provides for a $400,000 allowed general unsecured 
claim for the United States on behalf of EPA, subject to any valid 
right of setoff, and $25,000.00 of allowed administrative expenses, 
again subject to any valid right to setoff.
    The Settlement Agreement resolves the claims of the Environmental 
Protection Agency (``EPA'') against Debtors for civil penalties 
resulting from violations of the Clean Water Act, 33 U.S.C. Sec. Sec.  
1311, 1318, and 1342, at facilities maintained by the following 
debtors: Amboy Bus Company, Inc., Raybern Bus Service, Inc., and Staten 
Island Bus Company, Inc. Courtesy Bus Company, Inc., and Atlantic 
Express of New Jersey, Inc., and Staten Island Bus Company, Inc.. These 
violations included: failing to obtain stormwater discharge permits at 
nine locations; continuing discharges of stormwater associated with 
industrial activity without a permit; and, after obtaining permits for 
certain locations, violating the terms of those permits on multiple 
occasions. The locations at issue are the following: 399 Exterior 
Street, 586 River Avenue, Bronx, NY 10451; 2352 and 2384 East 69th 
Street, Brooklyn, NY 11234; 500 Oak Point Avenue, Bronx, NY 10474; 46-
81 Metropolitan Avenue, Ridgewood, NY 11385; 127-45 34th Avenue, 
Flushing, NY 11354; 107 and 3535 Lawson Boulevard, Oceanside, NY 11572; 
91 Baiting Place Road, Farmingdale, NY 11735; 260 and 280 Meredith 
Avenue, Staten Island, NY 10314; 107 How Lane, New Brunswick, NJ 08901, 
and 230 Red Lion Road, Vincentown, NJ 08088.
    As part of the Settlement Agreement, Defendants will receive a 
covenant not to file a civil action or take administrative action 
against the Debtors for civil penalties under Section 309 of the 
Federal Water Pollution Control Act, 33 U.S.C. Sec.  1319, with respect 
to the violations alleged in the proofs of claim and administrative 
expense request filed by the United States on behalf of EPA in the 
bankruptcy, through the date of lodging of the Settlement Agreement.
    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to In re Metro Affiliates, Inc., et al., D.J. Ref. No. 90-
5-1-1-11079. All comments must be received 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 e-mail.........................  [email protected].
By mail...........................  Assistant Attorney General, U.S.
                                     DOJ--ENRD, P.O. Box 7611,
                                     Washington, DC 20044-7611.
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    Public comments timely received will be filed on the public court 
docket. During the public comment period, the Settlement Agreement may 
be examined and downloaded at a Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Settlement Agreement 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 $3.50 (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. 2014-19342 Filed 8-14-14; 8:45 am]
BILLING CODE 4410-CW-P