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Notice of Lodging of Amendment to Consent Decree Pursuant to the Resource Conservation and Recovery Act (RCRA)

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

 
[Federal Register: July 2, 2003 (Volume 68, Number 127)]
[Notices]
[Page 39596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy03-128]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Amendment to Consent Decree Pursuant to the 
Resource Conservation and Recovery Act (RCRA)

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Amendment to Consent Decree entered on 
January 17, 2001 in United States and State of Mississippi v. Morton 
International, Inc., Civil Action No. 1:00-CV-501 BrR, was lodged with 
the United States District Court for the Southern District of 
Mississippi, Biloxi Division on June 13, 2003.
    The Consent Decree involved the settlement of claims brought by the 
United States and State pursuant the Solid Waste Disposal Act, as 
amended by the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 
6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 
1984 (HSWA); the Safe Drinking Water Act (SDWA), 42 U.S.C. 300f et 
seq.; the Clean Water Act (CWA), 33 U.S.C. 1251 et seq.; the Clean Air 
Act (CAA), 42 U.S.C. 7401 et seq.; the Emergency Planning and Community 
Right-To-Know Act (EPCRA), 42 U.S.C. 11001 et seq.; and the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 42 U.S.C. 9601 et seq. The complaint also contained claims 
brought under the Mississippi Solid Waste Disposal Law of 1974, Miss. 
Code Ann. 17-17-1 et seq., the Mississippi Air and Water Pollution 
Control Law, Miss. Code Ann. 49-17-1- et seq., and the organic act of 
the Commission and of the Mississippi Department of Environmental 
Quality (MDEQ), Miss. Code Ann. 49-2-1 et seq. and sought recovery of 
civil penalties and injunctive relief. The United States and State 
sought the assessment of civil penalties and injunctive relief. The 
proposed and agreed upon Amendment would modify the Consent Decree by 
substituting a drinking water supplemental environmental project (SEP) 
for a SEP which was no longer viable due to the closing of the facility 
in Moss Point, Mississippi.
    More specifically, the substitute SEP is a reverse osmosis 
treatment process for drinking water systems in Moss Point, Mississippi 
that is designed to improve the taste, color and odor of drinking 
water. The substitute SEP will provide substantial benefits to the 
community. Given the credit earned for the no longer viable SEP, Morton 
is obligated to spend $9,434,537.00. If the reverse osmosis system 
costs less than $9,434,537.00, Morton will pay the difference to the 
United States and State, unless the parties agree on an additional SEP 
to be funded with all or a portion of the balance.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Amendment to Consent Decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611. Each communication should refer on its face to United 
States and State of Mississippi versus Morton International, Inc., DOJ 
No. 90-7-1-06413.
    The proposed Amendment to Consent Decree may be examined at the 
Office of the United States Attorney, Southern District of Mississippi, 
808 Vieux Marche, 2nd Floor, Biloxi, Mississippi 39530, and at the U.S. 
Environmental Protection Agency, Region 4 Office, 61 Forsyth Street, 
Atlanta, Georgia 30303. During the public comment period, the proposed 
Amendment may also be examined on the following Department of Justice 
Web site, http://www.usdoj.gov/enrd/open.html. Exit Disclaimer
    A copy of the proposed Amendment to Consent Decree may be obtained 
by (1) mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611; or by (2) faxing or 
emailing the request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), 
U.S. Department of Justice, fax number (202) 616-6584; phone 
confirmation (202) 514-1547. In requesting a copy, please forward the 
request and a check in the amount of $6.25 (25 cents per page 
reproduction cost), made payable to the U.S. Treasury.

Bruce S. Gelber,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-16775 Filed 7-1-03; 8:45 am]

 
 

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