[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43566-43567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16892]


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DEPARTMENT OF JUSTICE


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

    On August 2, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District of Pennsylvania in the lawsuit entitled United States and 
Pennsylvania Department of Environmental Protection v. Libertas Copper, 
LLC, d/b/a Hussey Copper, Civil Action No. 2:21-cv-01016-WSS.
    This is a civil action brought by the United States, on behalf of 
the U.S. Environmental Protection Agency, and the Commonwealth of 
Pennsylvania, Department of Environmental Protection (``PADEP''), 
against Defendant Libertas Copper, LLC, d/b/a Hussey Copper, alleging 
violations of the Clean Water Act, the Pennsylvania Clean Streams Law, 
and Defendant's National Pollutant Discharge Elimination System permit. 
The complaint alleges that, between 2011 and the present, Libertas 
Copper discharged wastewater and storm water that caused oil sheens and 
contained pollutants--including copper, chromium, nickel, oil and 
grease, lead, pH, total suspended solids, and zinc--from its Leetsdale, 
Pennsylvania, copper-smelting facility to the Ohio River in violation 
of federal and state law.
    Under the proposed Consent Decree, Libertas Copper would be 
required to implement significant measures designed to prevent future 
violations. These include the development and implementation of 
operational documents and a maintenance program designed to ensure 
effective collection, pretreatment, and treatment of wastewater; a 
third-party environmental audit; ongoing internal environmental 
inspections; violation response requirements; training; and auditing 
and implementation of an environmental management system. In addition, 
Defendant will pay a civil penalty of $861,500, to be split evenly 
between the United States and PADEP.
    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 United States and Pennsylvania Department of 
Environmental Protection v. Libertas Copper, LLC, d/b/a Hussey Copper, 
D.J. Ref. No. 90-5-1-1-12068. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice.

[[Page 43567]]

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 $15.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-16892 Filed 8-6-21; 8:45 am]
BILLING CODE 4410-15-P