Notice of Consent Decree Under The Resource Conservation and Recovery Act and Clean Water Act

[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Notices]
[Pages 23858-23859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11074]


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DEPARTMENT OF JUSTICE


Notice of Consent Decree Under The Resource Conservation and 
Recovery Act and Clean Water Act

    Notice is hereby given that a consent decree in United States and 
State of Texas v. Encycle/Texas, Inc. and ASARCO, Inc., Civil Action 
No. H-99-1136 (S.D. Tx.) was lodged with the United States District 
Court for the Southern District of Texas on April 15, 1999.
    In this action the United States and State of Texas sought 
injunctive relief and civil penalties under Section 3008(a) of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(a), 
and the United States sought injunctive relief and civil penalties 
under Section 309 (b) and (d) of the Clean Water Act (``CWA''), 33 
U.S.C. 1319 (b) and (d). The decree resolves civil penalty and 
injunctive relief claims of the United States and Texas against 
Encycle/Texas, Inc. (``Encycle'') and ASARCO Inc. (``ASARCO'') under 
RCRA for alleged violations of hazardous waste regulations associated 
with

[[Page 23859]]

materials management practices at Encycle's facility in Corpus Christi, 
Texas and ASARCO's facilities in: East Helena, Montana; El Paso; Texas; 
and Amarillo, Texas. The consent decree also resolves civil penalty and 
injunctive relief claims of the United States against ASARCO under the 
CWA for alleged unpermitted discharges and permit violations at 
ASARCO's Tennessee mines.
    The decree requires Encycle and ASARCO Inc. to: revise Encycle/
Texas, Inc.'s hazardous waste management procedures; perform 
appropriate RCRA corrective action at Encycle and ASARCO's El Paso 
facility; develop and use innovative metals recycling technology at 
Encycle; perform an auto and truck tire recycling project at El Paso; 
implement an enhanced corporate-wide environmental management and 
compliance auditing system at ASARCO's operating domestic facilities. 
The settlement also includes payment of civil penalties for alleged 
past violations totaling $5.5 million ($2 million to be paid to the 
State of Texas), and performance of the following supplemental 
environmental projects: a permanent 30 acre environmental conservation 
area for public use to be maintained by ASARCO in Corpus Christi; an 
air quality project to reduce particulate pollution in the El Paso 
area; and, a wetlands restoration project at ASARCO's Coy Mine in 
Tennessee.
    The Department of Justice will accept written comments relating to 
the proposed consent decree for thirty (30) days from the date of 
publication of this notice. Please address comments to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044 and refer to United States and State of Texas v. Encycle, 
Texas, Inc. and ASARCO Inc. (S.D. Tx.), DJ Ref. #s: 90-7-1-910, 90-7-1-
910/1, and 90-7-1-890.
    Copies of the proposed consent decree may be examined at the Office 
of the United States Attorney, 910 Travis Street, Houston, Texas 77002; 
at the U.S. Environmental Protection Agency, Region VI, 1445 Ross 
Avenue, Dallas, Texas 75202, and at the Consent Decree Library, 1120 G 
Street, N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-8892. A copy 
of the consent decree may also be obtained in person or by mail at the 
Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
D.C. 20005. When requesting a copy of the decree by mail, please 
enclose a check in the amount of $72.25 for a copy including exhibits, 
or $31.50 for a copy excluding exhibits (twenty-five cents per page 
reproduction costs) payable to the ``Consent Decree Library.''
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division, U.S. Department of Justice.
[FR Doc. 99-11074 Filed 5-3-99; 8:45 am]
BILLING CODE 4410-15-M