[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Page 24668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09729]



[[Page 24668]]

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DEPARTMENT OF JUSTICE


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

    On April 28, 2021, 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 and State of 
New York v. Holcim (US) Inc., Civil Action No. 1:21-cv-490 (GTS-DJS). 
The United States and the State of New York filed this action for 
injunctive relief and civil penalties brought pursuant to Section 
309(b) and (d) of the Clean Water Act (``CWA'' or the ``Act''), 33 
U.S.C. 1319(b) and (d), and Article 17 of the New York Environmental 
Conservation Law (``ECL''), and regulations promulgated thereto, 
against Holcim (US) Inc. (``Holcim'' or ``Defendant''), as owner and as 
successor-in-interest at Defendant's Ravena Cement Plant (``Facility'' 
or ``Ravena Facility'') located at 1916 Route 9W in Ravena, New York 
for illegal discharges of pollutants and other violations of Section 
301(a) of the CWA, 33 U.S.C. 1311(a), and for failing to comply with 
NYSDEC State Pollutant Discharge Elimination System Permit No. 
NY0005037 (the ``Permit''), issued pursuant to CWA Sec.  402, 33 U.S.C. 
1342. The complaint alleges that, between April 2015 and April 2021, 
Holcim violated the Clean Water Act through unauthorized discharges of 
pollutants to tributaries of the Hudson River, and that Holcim's 
predecessor-in-interest violated three prior administrative consent 
orders issued from 2011 to 2015. This action seeks to recover monetary 
penalties for these violations as well as injunctive relief compelling 
Holcim to come into compliance with the CWA, the ECL, and their 
respective implementing regulations.
    The settlement, set forth in a consent decree lodged with the 
court, requires Holcim to comply with the terms of the Permit, pay an 
$850,000 civil penalty ($212,000 of which will be directed to a NYS 
Environmental Benefit Project improving stormwater management at 
Coeymans Landing Park in the Town of Coeymans, New York), and make 
other physical and operational improvements to the Facility.
    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 and State of New York v. Holcim (US) 
Inc., D.J. Ref. No. 90-5-2-1-08221/8. 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 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 $17.00 (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. 2021-09729 Filed 5-6-21; 8:45 am]
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