[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70947-70948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29159]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on November 15, 2010, a proposed 
Consent Decree was filed with the United States District Court for the 
Western District of Missouri in United States et al. v. HPI Products, 
Inc., et al., No. 08-06133 (W.D. Mo.). The proposed Consent Decree 
entered into by the United States and the State of Missouri and 
Defendants HPI Products, Inc., St. Joseph Properties, LLC, and William

[[Page 70948]]

Garvey, resolves the United States' and Missouri's claims against the 
Defendants under the hazardous waste generation, storage, and transport 
provisions of the Resource Conservation and Recovery Act, 42 U.S.C. 
6901 (RCRA) et seq., the pre-treatment requirements of the Federal 
Water Pollution Control Act (Clean Water Act), 40 CFR Part 403 and 33 
U.S.C. 1311, 1317, 33 U.S.C. 1251 et seq., and the Emergency Planning 
and Community Right to Know Act (EPCRA), 42 U.S.C. 11001 et seq., 
related to their generation, storage, and transport of hazardous wastes 
at six HPI facilities in St. Joseph, Missouri. Under the terms of the 
Consent Decree, the Defendants shall pay a civil penalty to the United 
States of $75,000 and a civil penalty to the State of $75,000 and 
Garvey will be required to sell his collection of classic cars, boats, 
and parts and turn over ninety percent of the proceeds to the United 
States and Missouri as a further civil penalty. In addition, HPI will 
investigate and clean up any contamination at the six facilities.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to <a href="/cdn-cgi/l/email-protection#4b3b3e29282426262e253f662e2e38652e25392f0b3e382f2421652c243d"><span class="__cf_email__" data-cfemail="91e1e4f3f2fefcfcf4ffe5bcf4f4e2bff4ffe3f5d1e4e2f5fefbbff6fee7">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States et al. v. HPI Products, Inc., et al., DJ Ref. 
No. 90-5-1-1-09338.
    The proposed Agreement may be examined at the Office of the United 
States Attorney for the Western District of Missouri, Charles Evans 
Whittaker Courthouse, Room 5510, 400 East 9th Street, Kansas City, MO 
64106, and at the Environmental Protection Agency, Region 7, 901 N. 5th 
St., Kansas City, KS 66101. During the public comment period, the 
proposed Agreement may also be examined on the following Department of 
Justice Web site, http:[sol][sol]www.usdoj.gov/enrd/Consent_
Decrees.html. A copy of the proposed Agreement may also be obtained by 
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood (<a href="/cdn-cgi/l/email-protection#6c180302050d420a000909181b0303082c191f080306420b031a"><span class="__cf_email__" data-cfemail="6d190203040c430b010808191a0202092d181e090207430a021b">[email protected]</span></a>), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $14.50, 
or 37.25 (if attachments are requested) (25 cents per page reproduction 
cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-29159 Filed 11-18-10; 8:45 am]
BILLING CODE 4410-15-P


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