[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 58047-58048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27037]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on October 28, 
2009, a proposed consent decree in United States v. Lennar Communities 
Development, Inc., Civil No. CIV-09-2252-PHX-FJM, was lodged with the 
United States District Court for the District of Arizona.
    This Consent Decree will address claims asserted by the United 
States in a complaint filed contemporaneously with the Consent Decree 
against Lennar Communities Development, Inc. (LCD) for civil penalties 
and injunctive relief under Section 113(b) of the Clean Air Act (the 
Act), 42 U.S.C. 7413(b), for failure to install suitable trackout 
control devices and failure to immediately clean up trackout while 
conducting earthmoving in violation of Rule 2 Regulation 1, and Rule 
310 of Regulation 3 of the Maricopa County Air Quality Department 
(MCAQD) which are part of the federally approved and federally 
enforceable State Implementation Plan (SIP) submitted to EPA by the 
State of Arizona pursuant to Section 110 of the Act, 42 U.S.C. 7410.
    The proposed Consent Decree provides for the payment of $38,425 in 
civil penalties and implementation of a supplemental environmental 
project at a cost of not less than $144,094. The Consent Decree also 
includes measures designed to abate fugitive dust emissions which 
include installation of trackout control devices at its work sites; 
employing a dust control monitor at sites with 5 acres or more of 
surface; and requiring dust control training for employees and certain 
employees of sub-contractors whose job responsibilities involve dust 
generating operations.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of the 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 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Lennar Communities Development, Inc., D.J. Ref. 90-5-
2-1-08655.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of Arizona, Two Renaissance Square, 40 
N. Central Avenue, Suite 1200, Phoenix, Arizona 85004-4408, and at U.S. 
Environmental Protection Agency, Region 9, Office of Regional Counsel, 
75 Hawthorne Street, San Francisco, California 94105. 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/

[[Page 58048]]

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 ([email protected]), fax 
number (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 $7.00 (.25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-27037 Filed 11-9-09; 8:45 am]
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