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Notice of Lodging of Consent Decree Under the Clean Water Act and the Resource Conservation and Recovery Act 

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[Federal Register: August 12, 2008 (Volume 73, Number 156)]
[Notices]
[Page 46919-46920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au08-76]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Water Act and
the Resource Conservation and Recovery Act

    Notice is hereby given that on August 7, 2008, a proposed Consent
Decree (``Decree'') in United States v. Republic Dumpco, Inc., et al.,
Civil Action No. 2:08-cv-01024 (D. Nev.) was lodged with the United
States District Court for the District of Nevada.
    The civil action relates to the Sunrise Mountain Landfill in Las
Vegas, Nevada. In this action the United States sought to obtain
injunctive relief and assessment of civil penalties against Republic
Dumpco, Inc. and Republic Silver State Disposal Inc. (doing business as
Republic Services of Southern Nevada) (hereinafter ``Republic Services
of Southern Nevada''), for alleged violations of the Clean Water Act
(``CWA''), 33 U.S.C. 1251-1387. The complaint also sought injunctive
relief and assessment of civil penalties against Republic Services of
Southern Nevada and Clark County, Nevada, under Section 7003 of the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The
complaint also states claims for damages for trespass against all three
defendants, and breach of contract and violations of permits against
Clark County.
    The proposed Decree would require Republic Services of Southern
Nevada to pay $1 million as a civil penalty, and to implement a
comprehensive closure of the Landfill estimated to cost $36.3 million,
including storm water controls, upgrades to the cover, methane gas
collection, groundwater monitoring, and long-term operation and
maintenance. In addition, Clark County agrees to accept ownership of
the landfill from the United States Bureau of Land Management. The
Consent Decree resolves the violations alleged in the complaint. In
addition, the United States grants a covenant not to sue for the
Landfill under Section 7003 of RCRA, and under sections 106 and 107 of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9606 and 9607.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Decree.
Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, D.C. 20044-7611, and should
reference United States v. Republic Dumpco, Civil Action No. 2:08-cv-
01024, and DOJ Ref. No. 90-7-1-06725/2. Commenters may request an
opportunity for a public meeting in the affected area, in accordance
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The Decree may be examined at the Office of the United States
Attorney, 333 Las Vegas Blvd. South, Suite 5000, Las Vegas, Nevada
89101. During the public comment period, the Decree may also be
examined on the following Department of Justice Web site: http://
www.usdoj.gov/enrd/

[[Page 46920]]

Consent_Decrees.html. A copy of the Decree may also be obtained by
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request
to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097,
phone confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $16.50
(25 cents per page reproduction cost) for a copy of the consent decree
without attachments or $42.25 for a copy of the consent decree with the
attachments, payable to the U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the Consent Decree Library at the
stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E8-18621 Filed 8-11-08; 8:45 am]

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