81 FR 62764 - Notice of Motion To Amend Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 176 (September 12, 2016)

[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62764-62765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21864]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Motion To Amend Consent Decree Under the Clean Water 
Act

    On September 6, 2016, the Department of Justice filed a stipulated 
motion to amend a Consent Decree with the United States District Court 
for the Western District of Washington in the lawsuit entitled United 
States v. Trident Seafoods Corporation, Civil Action No. 11-1616RSL 
(the United States and Trident Seafoods Corporation, jointly, the 
``Parties''), proposing to modify certain injunctive measures required 
under the Consent Decree entered in this matter on June 18, 2012, 
resolving Trident's alleged violations of the Clean Water Act (``CWA'' 
or ``Act'').
    The Consent Decree (``CD'') requires, among other measures intended 
to reduce discharges of seafood processing wastes from multiple Trident 
processing facilities in Alaska, that Trident build a fishmeal plant at 
its North Naknek, Alaska facility and, upon operating the fishmeal 
plant for one year, to eliminate discharges from its seafood processing 
facility. The Parties only recently realized that the CD, as written, 
prohibits any discharge from Trident's processing facility, a result 
that cannot be achieved even by state-of-the-art practices. The 
proposed Amendment would allow the facility to discharge waste that 
cannot practically be captured using state-of-the-art controls, i.e., 
waste particles that pass through a 0.5 mm mesh screen. The proposed 
Amendment accurately reflects what the Parties intended at the time 
they reached settlement; employment of state-of-the-art discharge 
controls to achieve a discharge limit more stringent than that required 
by law. The Parties' failure to provide for this discharge in the 
original CD was inadvertent and the proposed Amendment corrects that 
oversight.
    The publication of this notice opens a period for public comment on 
the proposed Amendment to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. Trident 
Seafoods Corporation, Civil Action No. 11-1616RSL., DJ Reference Number 
90-5-1-1-2002/2.
    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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, Consent Decree may be examined 
and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent_decrees.html. We will provide a paper copy 
of the Amendment to 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.


[[Page 62765]]


    Please enclose a check or money order for $2.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-21864 Filed 9-9-16; 8:45 am]
 BILLING CODE 4410-16-P