Notice2022-01504

Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery 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
January 26, 2022

Issuing agencies

Justice Department

Full Text

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<title>Federal Register, Volume 87 Issue 17 (Wednesday, January 26, 2022)</title>
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[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Page 4047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01504]



[[Page 4047]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Resource 
Conservation and Recovery Act

    On January 21, 2022, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Puerto Rico in the lawsuit entitled United States of America v. To 
Go Stores, LLC, Civil Action No. 3:22-cv-1038.
    The United States filed the complaint in this Resource Conservation 
and Recovery Act (RCRA) case concurrently with the lodging of the 
Proposed Consent Decree. The Complaint alleges that Defendant To Go 
Stores, LLC is civilly liable for violations of regulations promulgated 
under RCRA Subchapter IX governing underground storage tanks. The 
complaint alleges that To Go Stores failed to comply with RCRA 
regulations, as administered by the Puerto Rico Department of Natural 
and Environmental Resources, for underground storage tanks at 15 gas 
stations owned and/or operated by To Go Stores in Puerto Rico. The 
alleged violations include failure to: Adequately monitor for releases; 
provide adequate spill and overfill prevention equipment; provide and 
maintain corrosion protection equipment; maintain records; secure 
monitoring wells; report and investigate suspected releases; and obtain 
financial assurance.
    Under the Proposed Consent Decree, To Go Stores will inspect 
certain facilities; install new tanks at certain facilities; and 
install and operate a centralized monitoring system and new release 
detection equipment, including automatic tank gauging, at 43 facilities 
in Puerto Rico. To Go Stores will pay a civil penalty of $125,000. The 
Proposed Consent Decree will resolve all RCRA claims alleged in this 
action by the United States against To Go Stores.
    The publication of this notice opens a period for public comment on 
the Proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section, and should refer to United States v. 
To Go Stores, LLC, D.J. Ref. No. 90-7-1-11717. All comments must be 
submitted no later than thirty (30) days after the publication date of 
this notice. 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#5c2c293e3f3331313932287139392f7239322e381c292f383336723b332a"><span class="__cf_email__" data-cfemail="3747425554585a5a5259431a525244195259455377424453585d19505841">[email&#160;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 $8.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-01504 Filed 1-25-22; 8:45 am]
BILLING CODE 4410-15-P


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Indexed from Federal Register on January 26, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.