[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Notices]
[Pages 12807-12808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04393]


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DEPARTMENT OF JUSTICE


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

    On February 27, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Missouri in the lawsuit entitled United States v. Dyno 
Nobel, Inc., Case No. 3:19-CV-05031-MDH.
    The United States filed this lawsuit against Dyno Nobel, Inc., 
(Dyno Nobel) for alleged violations of the Clean Water Act (CWA) and 
the Resource Conservation and Recovery Act (RCRA) at its facilities in 
Carthage, Missouri and Louisiana, Missouri. Specifically, the United 
States alleged that Dyno Nobel violated the CWA at both facilities by 
discharging pollutants in amounts that exceeded the facilities' 
permitted limits; failing to properly sample and monitor discharges; 
and failing to appropriately manage stormwater. The United States 
further alleged that Dyno violated RCRA by disposing of hazardous waste 
at both facilities without a permit, and at the Carthage Facility, by 
failing to meet requirements for the generation and transportation of 
hazardous waste.
    Under the proposed Consent Decree Dyno Nobel will undertake 
injunctive measures at both its facilities. At its Carthage facility, 
Dyno Nobel will separate stormwater from process wastewater, ship high-
strength wastewater off-site, update its stormwater program, sample and 
clean up discrete areas, and construct a baghouse to address dope 
releases. At its Louisiana facility, Dyno will perform a sewer survey 
and update its stormwater program. Dyno Nobel will also pay a civil 
penalty of $2.9 million in addition to interest. In return, the United 
States agrees not to sue for the claims alleged in the Complaint and 
for additional permit violations through, the date of lodging (February 
27, 2020).
    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. Dyno Nobel, Inc., D.J. Ref. No. 
90-5-1-1-11542. All comments must be submitted no later

[[Page 12808]]

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 website: https://www.justice.gov/enrd/consent-decrees. 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 $10.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-04393 Filed 3-3-20; 8:45 am]
 BILLING CODE 4410-15-P