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Notice of Lodging of Consent Decree Under the Clean Water Act and the Comprehensive Environmental Response, Compensation and Liability Act

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

 
[Federal Register: March 9, 2006 (Volume 71, Number 46)]
[Notices]
[Page 12217-12218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr06-99]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decree Under the Clean Water Act and 
the Comprehensive Environmental Response, Compensation and Liability Act

    Notice is hereby given that on February 28, 2006, a proposed decree 
in United States, the State of West Virginia, and the State of Ohio v. 
Elkem Metals Company L.P., Ferro Invest III Inc., Ferro Invest II LLC, 
and Erament Marietta Inc., Civil Action No. 2:03-CV-529, was lodged 
with the United States District Court for the Southern District of Ohio.
    In this action, the United States sought injunctive relief and 
civil penalties under Section 309(b) and (d) of the Clean Water Act 
(``CWA''), 33 U.S.C. 1319(b) and (d), against Elkem Metals Company 
L.P., its two general partners, and Eramet Marietta Inc. for violations 
of Section 301 of the Act, 33 U.S.C. 1311, and the terms and conditions 
of the National Pollutant Discharge Elimination System (``NPDES'') 
permit for the Marietta, Ohio, ferro-alloy manufacturing facility 
formerly owned by Elkem Metals and now owned by Eramet Marietta. In 
addition, the United States, the State of West Virginia, and the State 
of Ohio, as trustees for natural resources, sought damages from the 
Defendants for injury to natural resources resulting from wastewater 
discharges from the Marietta, Ohio, facility, under section 107(a) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (``CERCLA''), 42 U.S.C. 9607(a).
    Under the proposed Consent Decree, Defendants would pay a total of 
$3.25 million to resolve the various claims: $2,040,000 will be paid 
into the Department of the Interior's Natural Resources Damage 
Assessment and

[[Page 12218]]

Restoration Fund to pay for restoration projects; $427,500 will be paid 
to DOI for past assessment costs; $32,500 will be paid to the State of 
Ohio for past assessment costs; $225,000 will be paid by Elkeem Metals 
as a civil penalty for its CWA violations; and $525,000 will be paid by 
Eramet Marietta as a civil penalty for its CWA violations.
    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, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States, et al., v. Elkem Metals, et al., DOJ Ref. 
# 90-5-1-07310.
    The proposed consent decree may be examined at the office of the 
United States Attorney for the Southern District of Ohio, 303 Marconi 
Blvd., Suite 200, Columbus, OH 43215, and at U.S. EPA Region 5, 77 West 
Jackson Boulevard, Chicago, IL 60604. During the public comment period, 
the consent decrees 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 Consent 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 a request to Tonia Fleetwood, fax no. (202) 
514-0097, phone confirmation number (202) 514-1547. In requesting a 
copy, please refer to the referenced case and enclose a check in the 
amount of $5.75 (25 cents per page reproduction costs), payable to the 
U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-2200 Filed 3-8-06; 8:45 am]
BILLING CODE 4410-15-M

 
 

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