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Notice of Lodging of Amendments to Consent Decree

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: March 13, 2002 (Volume 67, Number 49)]
[Notices]
[Page 11364-11365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr02-133]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Amendments to Consent Decree

    Notice is hereby given that on February 21, 2002, amendments to the 
consent Decree filed in United States v. Marine Shale Processors, Inc., 
Civ. No. CV90-1240, were lodged with the United States District Court 
for the Western District of Louisiana. The original Consent Decree was 
filed on February 19, 1998, and was modified by an Order of the Court 
dated February 23, 1999, and again on June 13, 2001.
    In this action against Marine Shale Processors, Inc., (``MSP'') the 
United States sought to recover civil penalties and enjoin violations 
of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 
6901 et seq., the Clean Water Act, 33 U.S.C. 1251 et seq., and the 
Clean Air Act, 42 U.S.C. 7413. The United States also sought relief 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9604, 9606, and 9607. MSP 
operated a facility in Morgan City, Louisiana that treated hazardous 
waste by combustion.
    These amendments would extend: (1) The date for the purchase of the 
facility from MSP, and (2) the date by which Earthlock may make a 
Continuation Election. Under these proposed amendments, on or before 
March 22, 2002, Earthlock must either make a Continuation Election, 
seek a Vacating Order, or seek an extension until April 22, 2002 in 
which to make its decision. If Earthlock seeks an extension until April 
22, and subsequently seeks a Vacating Order, Earthlock would be 
required to pay the sum of $50,000 to Plaintiffs.
    The Department of Justice will receive comments relating to these 
amendments until noon on March 21, 2002. Comments should be addressed 
to the Assistant Attorney General of the Environment and Natural 
Resources Division, Department of Justice, Washington, DC 20530, and 
should refer to United States v. Marine Shale Processors, Inc., D.J. 
Ref. 90-11-2-204. Comments may be sent via telecopier to Darlene Lyons, 
fax number (202) 514-2583, phone confirmation no. (202) 514-1605.
    The consent decree amendments may be examined at the Office of the 
United States Attorney, Hale Boggs Federal Building, 501 Magazine 
Street, New Orleans, LA 70130, at U.S. EPA Region VI, 1445 Ross Avenue 
Dallas, TX 75202-2733, and at the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611. A copy of 
the consent decree amendments may be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611. A copy of the proposed Consent Decree may also be 
obtained by faxing a request to Tonia Fleetwood, Department of Justice 
Consent Decree Library, fax no. (202)

[[Page 11365]]

616-6584; phone confirmation no. (202) 514-1547. There is a charge for 
the copy (25 cent per page reproduction cost). Upon requesting a copy, 
please mail a check payable to the ``U.S. Treasury'', in the amount of 
$1.50 to: Consent Decree Library, U.S. Department of Justice, P.O. Box 
7611, Washington, DC 20044-7611. The check should refer to United 
States v. Marine Shale Processors, Inc., D.J. Ref. 90-11-2-204.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-6045 Filed 3-12-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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