[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Page 13091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03504]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Second Stipulation and Final Order
Under the Resource Conservation and Recovery Act
On February 13. 2024, the Department of Justice lodged a proposed
Second Stipulation and Final Order (SSFO) with the United States
District Court for the District of Puerto Rico in the lawsuit entitled
United States v. Municipality of Toa Alta, Puerto Rico, Civil Action
No. 3:21-01087.
The proposed SSFO resolves two issues that the ``Stipulation and
Preliminary Injunction Order'' (SPIO) entered in this matter in August
2022 (Dkt. No. 127-1) did not address: the claim that failure to remove
leachate from the Southeast Cell of the Municipality of Toa Alta's
(MTA's) landfill constitutes an imminent and substantial endangerment
under Section 7003(a) of the Resource Conservation and Recovery Act
(``RCRA''), 42 U.S.C. 6973(a), and the claim for civil penalties
Section 7003(b) of RCRA, 42 U.S.C. 6973(b). The SSFO requires Toa Alta
to remove and dispose of, under Puerto Rico's Department of Natural and
Environmental Resources (DNER) oversight, leachate that is pooling on
the bottom liner of the landfill's Southeast Cell and to pay a $50,000
civil penalty. The SSFO also converts the SPIO into a permanent
injunction order.
The publication of this notice opens a period for public comment on
the SSFO. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States v. Municipality of Toa Alta, D.J. Ref. No. 90-7-1-
12090. 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, D.C. 20044-7611.
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Under section 7003(d) of RCRA, a commenter may request an
opportunity for a public meeting in the affected area. Any comments
submitted in writing or at a public meeting may be filed by the United
States in whole or in part on the public court docket without notice to
the commenter.
During the public comment period, the SSFO may be examined and
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance accessing the SSFO, you
may request assistance by email or by mail to the addresses provided
above for submitting comments.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-03504 Filed 2-20-24; 8:45 am]
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