[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9806-9807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03292]


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DEPARTMENT OF JUSTICE


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

    On February 10, 2020, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Maine in the lawsuits entitled United States of America v. Grimmel 
Industries, Inc., et al., Civil Action No. 2:16-cv-190 (LEW), and 
United States of America v. Kennebec Scrap Iron, Inc., Civil Action No. 
1:16-191 (LEW).
    The United States filed the complaints in these Clean Water Act 
cases against the Defendants on April 1, 2016. The United States 
District Court for the District of Maine consolidated these actions on 
May 7, 2019. The complaints alleged that the Defendants, Grimmel 
Industries, Inc., Grimmel Industries LLC, Gary Grimmel, and Kennebec 
Scrap Iron, Inc., violated the stormwater Multi-Sector General Permits 
(``MSGPs'') issued by the Maine Department of Environmental Protection 
under Section 402(b) of the Clean Water Act, 42 U.S.C. 1342(b). The 
complaints sought civil penalties and injunctive relief for alleged 
violations of the permits at scrap metal facilities operated by 
Defendants located at 80 Pejepscot Village, Topsham, Maine, 50 River 
Road, Lewiston, Maine, and 48 Broomhandle Road, Oakland, Maine (the 
``Facilities''). The alleged violations included inadequate stormwater 
pollution prevention plans; failure to effectively maintain stormwater 
best management practices; failure to perform good housekeeping 
procedures; failure to conduct or properly conduct benchmark monitoring 
and quarterly visual monitoring; failure to properly perform monitoring 
as ordered by the Maine Department of Environmental Protection; failure 
to conduct quarterly site evaluations; and failure to properly train 
employees. The Grimmel Industries complaint also alleged failures to 
comply with Spill Prevention Control and Countermeasure (``SPCC'') 
requirements under 40 CFR part 112.
    Under the Proposed Consent Decree, the United States will dismiss 
Defendant Gary Grimmel without prejudice. The remaining Defendants must 
revise their stormwater management plans and revise sampling procedures 
at the Facilities in accordance with the current stormwater permit 
issued by the Maine Department of Environmental Protection. The 
remaining Defendants must pay $250,000 in civil penalties, $25,000 of 
which will be allocated to the Oil Spill Liability Trust Fund in 
satisfaction of the alleged violations of the SPCC regulations. Under 
the proposed consent decree, the United States covenants not to sue the 
Defendants under Sections 309(b), 309(g), or 311(b)(6)-(7)(C) of the 
Clean Water Act, 33 U.S.C. 1319(b), 1319(g) and 1321(b)(6)-(7)(C), for 
civil violations at the Facilities through the date of lodging of the 
consent decree related to the MSGPs, or of the SPCC regulations 
promulgated at 40 CFR part 112.
    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, Inc., et al., D.J. Ref. No. 90-5-1-1-11209. 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://

[[Page 9807]]

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 $7.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-03292 Filed 2-19-20; 8:45 am]
 BILLING CODE 4410-15-P