[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Notices]               
[Page 40609]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au09-89]                         

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Under the Federal Water 
Pollution Control Act (``Clean Water Act'')

    Notice is hereby given that on August 6, 2009, a proposed Consent 
Decree in United States of America v. Aggregate Industries--Northeast 
Region, Inc., Civil Action No. 09-11321 was lodged with the United 
States District Court for the District of Massachusetts.
    In this action the United States alleged that Defendant violated 
sections 301 and 308 of the Clean Water Act, 33 U.S.C. 1311 and 1318, 
at twenty-three of its facilities in Massachusetts and New Hampshire by 
failing to apply for permits required under the National Pollution 
Discharge Elimination System (``NPDES''), discharging process water 
and/or storm water without a permit, violating effluent limitations 
established in its NPDES permits, and failure to comply with the 
requirements of the Multi-Sector General Permit for storm water 
discharges. The Consent Decree requires Defendant to pay a civil 
penalty of $2.75 million within 30 days of entry of the decree, as well 
as implement a number of operational changes designed to ensure 
compliance with the Clean Water Act at all its facilities. These 
changes include performance of comprehensive evaluations of all 
construction materials facilities currently owned by Aggregate, as well 
as those acquired within three years of entry of the CD, hiring two 
employees with certification in storm water management who are 
responsible for compliance with the storm water permits, and providing 
annual storm water training for all employees with operational 
responsibilities.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
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, DC 20044-7611, and should refer to 
United States v. Aggregate Industries--Northeast Region, Inc., D.J. 
Ref. 90-5-1-1-08932.
    The Consent Decree may be examined at the Office of the United 
States Attorney, One Courthouse Way, John Joseph Moakley Courthouse, 
Boston, MA 02210, and at U.S. EPA Region 1, One Congress Street, 
Boston, MA 02114. During the public comment period, the Consent Decree, 
may also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 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) 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. E9-19255 Filed 8-11-09; 8:45 am]

BILLING CODE 4410-15-P