Notice2021-16892
Notice of Lodging of Proposed Consent Decree Under the Clean Water Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43566-43567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16892]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On August 2, 2021, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Western
District of Pennsylvania in the lawsuit entitled United States and
Pennsylvania Department of Environmental Protection v. Libertas Copper,
LLC, d/b/a Hussey Copper, Civil Action No. 2:21-cv-01016-WSS.
This is a civil action brought by the United States, on behalf of
the U.S. Environmental Protection Agency, and the Commonwealth of
Pennsylvania, Department of Environmental Protection (``PADEP''),
against Defendant Libertas Copper, LLC, d/b/a Hussey Copper, alleging
violations of the Clean Water Act, the Pennsylvania Clean Streams Law,
and Defendant's National Pollutant Discharge Elimination System permit.
The complaint alleges that, between 2011 and the present, Libertas
Copper discharged wastewater and storm water that caused oil sheens and
contained pollutants--including copper, chromium, nickel, oil and
grease, lead, pH, total suspended solids, and zinc--from its Leetsdale,
Pennsylvania, copper-smelting facility to the Ohio River in violation
of federal and state law.
Under the proposed Consent Decree, Libertas Copper would be
required to implement significant measures designed to prevent future
violations. These include the development and implementation of
operational documents and a maintenance program designed to ensure
effective collection, pretreatment, and treatment of wastewater; a
third-party environmental audit; ongoing internal environmental
inspections; violation response requirements; training; and auditing
and implementation of an environmental management system. In addition,
Defendant will pay a civil penalty of $861,500, to be split evenly
between the United States and PADEP.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and Pennsylvania Department of
Environmental Protection v. Libertas Copper, LLC, d/b/a Hussey Copper,
D.J. Ref. No. 90-5-1-1-12068. All comments must be submitted no later
than thirty (30) days after the publication date of this notice.
[[Page 43567]]
Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email.................................. <a href="/cdn-cgi/l/email-protection#a2d2d7c0c1cdcfcfc7ccd68fc7c7d18cc7ccd0c6e2d7d1c6cdc88cc5cdd4"><span class="__cf_email__" data-cfemail="1c6c697e7f7371717972683179796f3279726e785c696f787376327b736a">[email protected]</span></a>.
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of
the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $15.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-16892 Filed 8-6-21; 8:45 am]
BILLING CODE 4410-15-P
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