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Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

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

 [Federal Register: November 7, 2000 (Volume 65, Number 216)]
[Notices]
[Page 66765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no00-99]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act

    In accordance with the Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed Consent Decree in United States of America
and the State of Louisiana Department of Environmental Quality v.
Acadia Woods Add. #2 Sewer Co., et al., Defendants, and Total
Environmental Solutions, Inc., Intervening Defendant, Civil Action No.
6:98-0687, was lodged on October 23, 2000, with the United States
District Court for the Western District of Louisiana, Lafayette-
Opelousas Division. The Consent Decree addresses relief sought by the
United States on behalf of the United States Environmental Protection
Agency (``EPA'') under the Clean Water Act (``CWA''), 33 U.S.C. 1251,
et seq., with respect to numerous, ongoing, violations of the CWA and
applicable National Pollutant Discharge Elimination System (``NPDES'')
permits at more than 170 package sewage treatment plants (``STPs'') in
Louisiana owned and formerly operated by Johnson Properties, Inc., its
numerous subsidiaries and affiliates, Glenn Johnson, and Darren K.
Johnson (collectively, the ``Original Defendants'').
    The Consent Decree has been signed by Total Environmental
Solutions, Inc., (``TESI''), a wholly-owned subsidiary of South
Louisiana Electric Cooperative Association (``SLECA''). TESI is a
corporation newly created by SLECA to purchase all of the assets of the
corporate Original Defendants, and is not connected with the Original
Defendants. On October 25, 2000, TESI filed a motion to intervene as a
defendant in the above-captioned action for the purpose of placing the
STPs on the compliance schedule set forth in the Consent Decree.
    The Original Defendants failed to comply with a 1998 Consent Decree
requiring them to bring the STPs into compliance. In March 1999, the
District Court replaced the management of the corporate Original
Defendants with a receiver. Also in March 1999, the corporate Original
Defendants commenced a proceeding under Chapter 11 of the Bankruptcy
Code, entitled In re Johnson Properties, No 99-10437, in the United
States Bankruptcy Court for the Middle District of Louisiana. The
Bankruptcy Court appointed the receiver as trustee. After a hearing on
plan conformation, the Bankruptcy Court concluded that sale of the STPs
to a qualified buyer willing to invest in repairs and capital
improvements would serve to advance the objective of causing the STPs
to comply with the CWA. Under the confirmed plan of reorganization, all
of the STPs will be sold to TESI. In the Consent Decree, TESI agrees to
a schedule for performing repairs and improvements and for reaching
compliance at all of the STPs. If TESI complies with the Consent
Decree, it will not be liable for penalties if the STPs exceed
permitted effluent limitations during certain defined periods.
    The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, United
States Department of Justice, PO Box 7611, Washington, DC 20044, and
should refer to United States v. Acadia Woods Add. #2 Sewer Co., DOJ
Ref. No. 90-5-1-1-4375.
    The proposed Consent Decree may be examined at the Office of the
United States Attorney, 800 Lafayette Street, Lafayette, Louisiana
70501; the Region 6 office of the Environmental Protection Agency, 1445
Ross Avenue, Dallas, Texas 75202. A copy of the proposed Consent Decree
may be obtained by mail from the Consent Decree Library, PO Box 7611,
Washington, DC 20044. In requesting a copy, refer to the referenced
case and enclose a check in the amount of $13.50 (25 cents per page
reproduction costs), payable to the Consent Decree Library.

Walker B. Smith,
Principal Deputy Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 00-28538 Filed 11-6-00; 8:45 am]
BILLING CODE 4410-15-M

 
 

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