81 FR 69854 - Notice of Lodging of Proposed Agreement and Order Regarding Modification of the Consent Decree With Respect to TESI Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range		69854-69854
FR Document		2016-24258

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Page 69854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24258]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Agreement and Order Regarding 
Modification of the Consent Decree With Respect to TESI Under the Clean 
Water Act

    On September 30, 2016, the Department of Justice lodged a proposed 
Agreement and Order Regarding Modification of the Consent Decree With 
Respect to TESI (``Consent Decree Modification'') with the United 
States District Court for the Western District of Louisiana in the 
lawsuit entitled United States and the State of Louisiana v. Acadia 
Woods Add. #2 Sewer Co., et al., Civil Action No. 6:98-cv-0687.
    In its Second Amended Complaint, the United States alleged claims 
related to violations of the Clean Water Act and applicable discharge 
permits at sewage treatment plants in Louisiana owned and operated by 
Johnson Properties, Inc. and its subsidiaries. Subsequently, the sewage 
treatment plants were sold to Intervening Defendant Total Environmental 
Solutions, Inc. (``TESI''). The United States, Louisiana, and TESI 
agreed to the Consent Decree with Respect to TESI (``the Consent 
Decree'') which was entered by the Court on December 21, 2000. In the 
Consent Decree, TESI committed to operate the sewage treatment plants 
without service interruption and implement compliance measures intended 
to cause the sewage treatment plants to achieve compliance with the 
requirements of the CWA and the applicable discharge permits. The 
proposed Consent Decree Modification would modify the Consent Decree by 
requiring TESI to achieve compliance with the requirements of the Clean 
Water Act and the applicable discharge permits by implementing 
additional compliance measures. The Modified Consent Decree also 
specifies procedures and a schedule pursuant to which TESI, after it 
implements the additional compliance measures, will request removal of 
STPs from the Modified Consent Decree. Finally, the proposed Consent 
Decree Modification would revised the stipulated penalty provisions.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree Modification. Comments should be addressed 
to the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States and the State of Louisiana 
v. Acadia Woods Add. #2 Sewer Co., D.J. Ref. No. 90-5-1-1-4375. 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:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General,
                                      U.S. DOJ--ENRD,
                                      P.O. Box 7611,
                                      Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree 
Modification may be examined and downloaded at this Justice Department 
Web site: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the proposed Consent Decree Modification 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 $62.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the proposed Consent Decree Modification without appendices, 
the cost is $8.75.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-24258 Filed 10-6-16; 8:45 am]
 BILLING CODE 4410-15-P

69854 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

containing same by reason of investigation will not be granted unless proposed Consent Decree Modification
infringement of one or more of claims good cause therefor is shown. would modify the Consent Decree by
1–4, 6, 7, 10, 13, 17, and 23 of the ’364 Failure of a respondent to file a timely requiring TESI to achieve compliance
patent; claims 1–3, 7, 8, and 10–12 of response to each allegation in the with the requirements of the Clean
the ’185 patent; claims 2, 3, and 5–7 of complaint and in this notice may be Water Act and the applicable discharge
the ’434 patent; claim 4 of the ’501 deemed to constitute a waiver of the permits by implementing additional
patent; claim 16 of the ’064 patent; and right to appear and contest the compliance measures. The Modified
claims 1–3, 5, and 6 of the ’837 patent, allegations of the complaint and this Consent Decree also specifies
and whether an industry in the United notice, and to authorize the procedures and a schedule pursuant to
States exists or is in the process of being administrative law judge and the which TESI, after it implements the
established as required by subsection Commission, without further notice to additional compliance measures, will
(a)(2) of section 337; the respondent, to find the facts to be as request removal of STPs from the
(2) Pursuant to Commission Rule alleged in the complaint and this notice Modified Consent Decree. Finally, the
210.50(b)(1), 19 CFR 210.50(b)(1), the and to enter an initial determination proposed Consent Decree Modification
presiding administrative law judge shall and a final determination containing would revised the stipulated penalty
take evidence or other information and such findings, and may result in the
provisions.
hear arguments from the parties or other issuance of an exclusion order or a cease
interested persons with respect to the and desist order or both directed against The publication of this notice opens
public interest in this investigation, as the respondent. a period for public comment on the
appropriate, and provide the By order of the Commission.
proposed Consent Decree Modification.
Commission with findings of fact and a Comments should be addressed to the
Issued: October 3, 2016.
recommended determination on this Assistant Attorney General,
Lisa R. Barton,
issue, which shall be limited to the Environment and Natural Resources
Secretary to the Commission. Division, and should refer to United
statutory public interest factors set forth
[FR Doc. 2016–24247 Filed 10–6–16; 8:45 am] States and the State of Louisiana v.
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) For the purpose of the BILLING CODE 7020–02–P Acadia Woods Add. #2 Sewer Co., D.J.
investigation so instituted, the following Ref. No. 90–5–1–1–4375. All comments
are hereby named as parties upon which must be submitted no later than thirty
this notice of investigation shall be DEPARTMENT OF JUSTICE (30) days after the publication date of
served: this notice. Comments may be
Notice of Lodging of Proposed
(a) The complainant is: submitted either by email or by mail:
Agreement and Order Regarding
Netlist, Inc., 175 Technology Drive, Modification of the Consent Decree
Suite 150, Irvine, CA 92618 To submit
With Respect to TESI Under the Clean Send them to:
comments:
(b) The respondents are the following Water Act
entities alleged to be in violation of By email ....... pubcomment-ees.enrd@
section 337, and are the parties upon On September 30, 2016, the usdoj.gov.
which the complaint is to be served: Department of Justice lodged a proposed By mail ......... Assistant Attorney General,
Agreement and Order Regarding U.S. DOJ—ENRD,
SK hynix Inc., 2091, Gyeongchung- Modification of the Consent Decree With P.O. Box 7611,
daero, Bubal-eub, Icheon-si, Respect to TESI (‘‘Consent Decree Washington, DC 20044–7611.
Gyeonggi-do, Republic of Korea Modification’’) with the United States
SK hynix America Inc., 3101 N. First District Court for the Western District of
Street, San Jose, CA 95134 During the public comment period,
Louisiana in the lawsuit entitled United the proposed Consent Decree
SK hynix memory solutions Inc., 3103 States and the State of Louisiana v.
N. First Street, San Jose, CA 95134 Modification may be examined and
Acadia Woods Add. #2 Sewer Co., et al.,
downloaded at this Justice Department
(c) The Office of Unfair Import Civil Action No. 6:98–cv–0687.
Investigations, U.S. International Trade Web site: https://www.justice.gov/enrd/
In its Second Amended Complaint,
Commission, 500 E Street SW., Suite consent-decrees. We will provide a
the United States alleged claims related
401, Washington, DC 20436; and paper copy of the proposed Consent
to violations of the Clean Water Act and
(4) For the investigation so instituted, applicable discharge permits at sewage Decree Modification upon written
the Chief Administrative Law Judge, treatment plants in Louisiana owned request and payment of reproduction
U.S. International Trade Commission, and operated by Johnson Properties, Inc. costs. Please mail your request and
shall designate the presiding and its subsidiaries. Subsequently, the payment to: Consent Decree Library,
Administrative Law Judge. sewage treatment plants were sold to U.S. DOJ—ENRD, P.O. Box 7611,
Responses to the complaint and the Intervening Defendant Total Washington, DC 20044–7611.
notice of investigation must be Environmental Solutions, Inc. (‘‘TESI’’). Please enclose a check or money order
submitted by the named respondents in The United States, Louisiana, and TESI for $62.75 (25 cents per page
accordance with section 210.13 of the agreed to the Consent Decree with reproduction cost) payable to the United
Commission’s Rules of Practice and Respect to TESI (‘‘the Consent Decree’’) States Treasury. For a paper copy of the
Procedure, 19 CFR 210.13. Pursuant to which was entered by the Court on proposed Consent Decree Modification
19 CFR 201.16(e) and 210.13(a), such December 21, 2000. In the Consent without appendices, the cost is $8.75.
mstockstill on DSK3G9T082PROD with NOTICES

responses will be considered by the Decree, TESI committed to operate the
Commission if received not later than 20 sewage treatment plants without service Thomas P. Carroll,
days after the date of service by the interruption and implement compliance Assistant Section Chief, Environmental
Commission of the complaint and the measures intended to cause the sewage Enforcement Section, Environment and
notice of investigation. Extensions of treatment plants to achieve compliance Natural Resources Division.
time for submitting responses to the with the requirements of the CWA and [FR Doc. 2016–24258 Filed 10–6–16; 8:45 am]
complaint and the notice of the applicable discharge permits. The BILLING CODE 4410–15–P

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Document Created: 2018-02-13 16:31:46
Document Modified: 2018-02-13 16:31:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 69854