[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 24980-24981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10593]


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DEPARTMENT OF JUSTICE


Notice of Consent Judgment Pursuant to the Clean Air Act

    In accordance with Departmental Policy, 28 CFR 50.7, 38 FR 19029, 
notice is hereby given that a proposed Consent Decree in United States 
v. Big Apple Wrecking Corp., et al., 88 Civ. No. 9190 (D.S.N.Y.) (DNE), 
was lodged in the United States District Court for the Southern 
District of New York on March 30, 2000. This is an action brought under 
section 113(b) of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(B), 
for civil penalties and injunctive relief for violations of the Act, 42 
U.S.C. 7401 et seq., and of the asbestos National Emission Standard for 
Hazardous Pollutants (the ``asbestos NESHAP''), 40 CFR part 61, Subpart 
M. promulgated pursuant to section 112 of the Act, 42 U.S.C. 7412.
    The proposed Consent Decree resolves the claims against defendants 
Big Apple Wrecking Corporation (``Big Apple''), DeMatteis Construction 
Corporation and Crescent-Duane Co. for their failures to comply with 
work practice standards contained in the asbestos NESHAP during the 
removal, handling and disposal of asbestos from a building being 
demolished at 105-107 Duane Street in New York City (the ``Duane Street 
site''). The Consent Decree provides that Big Apple Wrecking 
Corporation will pay $15,000.00, and DeMatteis Construction Corporation 
and Crescent-Duane Co. will pay, collectively, $25,000.00 to the United 
States as civil penalties. The Consent Decree also includes general 
injunctive relief that prohibits future violations of the Act and the 
asbestos NESHAP, and requires the defendants to provide notice to EPA 
of future demolition or renovation operations. The Consent Decree 
resolves only those civil claims alleged in the complaint against 
settling defendants.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, written comments relating to 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General for the Environmental and Natural Resources 
Division, Department of Justice, Washington, DC 20530, and should refer 
to United States v. Big Apple Wrecking Corp., et al., DOJ

[[Page 24981]]

#90-5-2-1-1281, 88 Civ. No. 9190 (DNE).
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Southern District of New York, 100 Church 
Street, 19th Floor, New York, New York 10007; and at the Region II 
Office of the U.S. Environmental Protection Agency, 290 Broadway, New 
York, New York 10278. Copies of the Consent Decree may be obtained by 
mail from the Consent Decree Library, United States Department of 
Justice, PO Box 7611 Ben Franklin Station, Washington, DC 20044, (202) 
514-1547. In requesting a copy, please enclose a check in the amount of 
$3.25 (25 cents per page reproduction costs) payable to the Consent 
Decree Library.

Walker B. Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-10593 Filed 4-27-00; 8:45 am]
BILLING CODE 4410-15-M