[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64160-64161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27013]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On December 4, 2018, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Northern
District of New York in the lawsuit entitled United States of America
v. Grimmel Industries, LLC, et al., Civil Action No. 1:16-cv-1103 (NAM/
CFH).
The United States filed the complaint in this Clean Water Act case
against the Defendants on September 9, 2016. The complaint alleged that
the Defendants, Grimmel Industries, LLC, Rensselaer Iron & Steel, Inc.,
and Toby Grimmel, violated the Multi-Sector General Permits issued by
the New York Department of Environmental Conservation concurrently
under Section 402(b) of the Clean Water Act, 42 U.S.C. 1342(b). The
Complaint sought civil penalties and injunctive relief for eleven
alleged violations of the permits, including effluent discharges in
excess of permitted limits; failure to comply with corrective action
requirements; inadequate permit coverage and stormwater pollution
prevention plans; improper implementation of stormwater pollution
prevention plans; failure to conduct quarterly visual monitoring;
failure to timely submit reports; failure to perform annual dry weather
flow monitoring; inadequate responses to benchmark exceedances; failure
to train employees;
[[Page 64161]]
failure to maintain records; and failure to properly collect samples.
Under the Proposed Consent Decree, the United States will dismiss
Defendant Toby Grimmel. The remaining Defendants must revise their
stormwater management plans and investigate several drainage features
at the facility. The remaining Defendants must also eliminate
stormwater discharges from a catch basin under a material storage pile;
remove scrap metal and other waste material accumulated under a pier at
the facility; and install a berm on part of the site. The remaining
Defendants must pay $100,000 in civil penalties. The proposed consent
decree will resolve all Clean Water Act claims alleged in this action
by the United States against Defendants.
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,
Environmental Enforcement Section, and should refer to United States v.
Grimmel Industries, LLC, et al., D.J. Ref. No. 90-5-1-1-11209/2. 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 consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the 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 $9.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-27013 Filed 12-12-18; 8:45 am]
BILLING CODE 4410-15-P