[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Page 13754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04897]



[[Page 13754]]

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DEPARTMENT OF JUSTICE


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

    On March 1, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Michigan in the lawsuit entitled United States v. 
Walnutdale Family Farms, LLC and Kevin Lettinga, Civil Action No. 1:20-
cv-397.
    On May 7, 2020, the United States filed a complaint against 
Walnutdale Family Farms, LLC and Kevin Lettinga (collectively, the 
``Defendants'') alleging violation of the Clean Water Act (``CWA'') and 
the Defendants' National Pollutant Discharge Elimination System 
(``NPDES'') permits at its concentrated animal feeding operation 
(``CAFO'') in Wayland, Michigan. The violations include discharges of 
manure and process wastewater, inadequate operation and maintenance of 
waste storage devices, and failure to land apply manure in accordance 
with the Facility's NPDES permits. On May 11, 2020, Sierra Club moved 
to intervene in this action, alleging similar violations.
    The proposed Consent Decree resolves the United States' and Sierra 
Club's claims by requiring the Defendants to assess and correct any 
problems with their waste storage structures, imposing heightened 
standards for land application of CAFO waste, and enhancing reporting 
requirements. The Consent Decree also requires Defendant to pay a civil 
penalty of $33,750 to the United States based on their limited ability 
to pay a civil penalty. In addition to the civil penalty, Defendants 
will pay $11,250 to the Sierra Club for a portion of its attorneys' 
fees. Finally, the proposed Consent Decree resolves violations of a 
prior Consent Decree and supersedes the prior Consent Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to the United States District Court for the Western 
District of Michigan in the lawsuit entitled United States v. 
Walnutdale Family Farms, LLC and Kevin Lettinga, D.J. Ref. No. 90-5-1-
1-07515/1. 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 $19.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-04897 Filed 3-9-21; 8:45 am]
BILLING CODE 4410-15-P