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14714 Federal Register / Vol. 70, No.

55 / Wednesday, March 23, 2005 / Notices

institution (69 FR 69954, December 1, The proposed Consent Decree DEPARTMENT OF JUSTICE
2004) were adequate but found that the resolves Kewanee’s claims and (subject
respondent interested party group to certain reservations set forth in the Notice of Lodging of Consent Decree
response with respect to Italy was Consent Decree) the claims filed by the Between the United States and The
inadequate. However, the Commission United States against the three original GHK Company, L.L.C. and GHK/Potato
determined to conduct a full review Defendants in this action—Browning- Hills Limited Partnership Under the
concerning subject imports from Italy to Ferris Industries of Ohio, Gould Clean Water Act
promote administrative efficiency in Electronics, Inc. (through its alleged Under 28 CFR 50.7, notice is hereby
light of its decision to conduct a full successor, Nikko Materials USA, Inc. given that on March 15, 2005, a
review with respect to subject imports dba Gould Electronics), and Paciv proposed consent decree (‘‘Consent
from Japan. A record of the Corporation—and two additional Decree’’) between The GHK Company,
Commissioners’ votes, the defendants named in the United States’ L.L.C. and GHK/Potato Hills Limited
Commission’s statement on adequacy, Complaint in Intervention—Garfield Partnership, Civil Action No. 05–116–
and any individual Commissioner’s Alloys, Inc. and General Electric W, was lodged with the United States
statements will be available from the Company. Under the proposed Decree, District Court for the Eastern District of
Office of the Secretary and at the the five settling defendants will pay a Oklahoma.
Commission’s Web site. total of $300,000 to the United States (of The Consent Decree would resolve
Authority: These reviews are being which $270,000 is for reimbursement of claims asserted by the United States in
conducted under authority of title VII of the response costs and $30,000 is for natural a Complaint filed on the same day
Tariff Act of 1930; this notice is published resource damages) and $600,000 to against The GHK Company, L.L.C. and
pursuant to section 207.62 of the Kewanee. GHK/Potato Hills Limited Partnership
Commission’s rules.
The Department of Justice will receive (collectively, ‘‘GHK’’), seeking
By order of the Commission. injunctive relief and the assessment of
comments relating to the proposed
Issued: March 17, 2005. consent decree for a period of thirty (30) civil penalties for the discharge of
Marilyn R. Abbott, days from the date of this publication. pollutants without a permit in violation
Secretary to the Commission. Comments should be addressed to the of sections 301 and 404 of the Clean Air
[FR Doc. 05–5701 Filed 3–22–05; 8:45 am] Assistant Attorney General, Water Act, 33 U.S.C. 1311, 1344(a), and
BILLING CODE 7020–02–P Environment and Natural Resources for failure to respond fully to a request
Division, Department of Justice, P.O. for information regarding potential
Box 7611, Washington, DC 20044–7611, violations, issued by EPA pursuant to
and should refer to Kewanee Industries, section 308 of the Clean Water Act, 33
DEPARTMENT OF JUSTICE Inc. v. Browning-Ferris Industries of U.S.C. 1318.
The Complaint filed by the United
Ohio, et al., D.J. Ref. No. 90–11–3–768/
Notice of Lodging of Consent Decree States alleges that due to construction
2.
Under the Comprehensive activity at eight (8) of GHK’s natural gas
Environmental Response, The proposed Consent Decree may be drilling sites, located in Oklahoma’s
Compensation, and Liability Act examined at the Office of the United Pushmataha and Latimer Counties, GHK
States Attorney, 801 West Superior was required to obtain coverage under
Notice is hereby given that on March Avenue, Suite 400, Cleveland, Ohio. the National Permit Discharge
7, 2005, a proposed Consent Decree in During the public comment period, the Elimination System (‘‘NPDES’’) General
Kewanee Industries, Inc. v. Browning- Consent Decree may also be examined Permit for Construction Activities (or
Ferris Industries of Ohio, et al., Civil on the following Department of Justice obtain an individual NPDES permit) and
Action No. 5:03CV1325, was lodged Web site, http://www.usdoj.gov/enrd/ to develop and implement a stormwater
with the United States District Court for open.html. A copy of the Consent pollution prevention plan (SWPPP). In
the Northern District of Ohio. Decree may also be obtained by mail addition, the United States alleges that
In a Complaint in Intervention also from the Consent Decree Library, P.O. GHK was required to obtain a permit
filed in this action on March 7, 2005, Box 7611, U.S. Department of Justice, under § 404 of the CWA at five (5)
the United States sought recovery, Washington, DC 20044–7611 or by natural gas drilling sites, located in
under section 107(a) of the faxing or e-mailing a request to Tonia Oklahoma’s Pushmataha and Latimer
Comprehensive Environmental Fleetwood (tonia.fleetwood@usdoj.gov), Counties, at which GHK discharged
Response, Compensation, and Liability fax no. (202) 514–0097, phone dredged or fill material into nearby
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), of confirmation number (202) 514–1547. In streams. Finally, the United States
response costs incurred in connection requesting a copy of each Consent alleges that in the course of
with the Krejci Dump Site in Summit Decree, exclusive of exhibits and investigating GHK’s construction
County, Ohio (‘‘Site’’). The United defendants’ signatures, please enclose a activities, EPA issued several
States’ claims were brought on behalf of check in the amount of $7.50 (25 cents information requests to GHK, pursuant
the U.S. Department of the Interior, per page reproduction cost) payable to to CWA § 308, 33 U.S.C. 1318, to which
which has managed the Site since the U.S. Treasury. The check should GHK provided an insufficient response.
acquiring it by condemnation in 1980 refer to Kewanee Industries, Inc. v. The Consent Decree provides for the
for inclusion in the Cuyahoga Valley Browning-Ferris Industries of Ohio, et payment of a civil penalty of $325,000
National Recreation Area (now al., D.J. Ref. No. 90–11–3–768/2. and embodies a comprehensive plan for
Cuyahoga Valley National Park). remedial work to be performed at 32
Already pending in this action are William D. Brighton, sites under the operational control and
claims by Kewanee Industries, Inc. Assistant Chief, Environmental Enforcement ownership of GHK and GHK/Potato
(‘‘Kewanee’’) under section 113(f) of Section, Environment and Natural Resources Hills in the Latimer and Pushmataha
CERCLA for contribution towards Division. counties in the State of Oklahoma. In
response costs incurred by Kewanee in [FR Doc. 05–5768 Filed 3–22–05; 8:45 am] addition, the Consent Decree requires
connection with the site. BILLING CODE 4410–15–M GHK to implement a stormwater

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