[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Notices]
[Pages 4726-4727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-424]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States of 
America and M.G. Waldbaum Co., Under the Clean Water Act and Clean Air 
Act

    Under 28 CFR 50.7, notice is hereby given that on January 9, 2007, 
a proposed Consent Decree (Consent Decree) with Defendant M.G. Waldbaum 
Co. (Waldbaum) in the case of United States v. the City of Wakefield, 
Nebraska and M.G. Waldbaum Co., Civil Action No. 8:07-cv-00014-TDT, has 
been lodged, concurrently with filing of a complaint, in the United 
States District Court for the District of Nebraska.
    This Consent Decree resolves the United States' claims against 
Waldbaum under Sections 301, 307 and 402 of the Clean Water Act, 33 
U.S.C. 1311, 1317 and 1342, for overloading the City of Wakefield's 
wastewater treatment lagoons thereby violating the prohibition on pass 
through and/or interference with a Publicly Owned Treatment Works, 
illegally discharging manure-laden runoff from one of its farm 
facilities to waters of the United States, and improperly land-applying 
process wastes in violation of its permit, as well as under the Clean 
Air Act, 42 U.S.C. 7412(r), and its implementing regulations, for 
improper storage and handling of anhydrous ammonia at one of its egg 
processing facilities. Under the decree, Waldbaum will among other 
things comply with a schedule in its permit for construction of a 
wastewater treatment plant and obtain a permit for the farm facility 
from which it illegally discharged manure-laden runoff. Waldbaum also 
agrees to pay civil penalties to the United States and the State of 
Nebraska totaling $1,050,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. the City of Wakefield, Nebraska and M.G. Waldbaum Co., 
Civil Action No. 8:07-cv-00014-TDT, D.J. Ref. 90-5-1-1-08346.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Nebraska, 1620 Dodge Street, Suite 1400, 
Omaha, Nebraska 68102-1506, and at the Environmental Protection Agency, 
Region 7, 901 N. 5th Street, Kansas City, Kansas 66101. During the 
public comment period, the Consent Decree may be examined on the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 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#5f2b3031363e7139333a3a2b2830303b1f2a2c3b303571383029"><span class="__cf_email__" data-cfemail="a2d6cdcccbc38cc4cec7c7d6d5cdcdc6e2d7d1c6cdc88cc5cdd4">[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 $40.50 (25 cents per

[[Page 4727]]

page reproduction cost) payable to the United States Treasury for 
payment.

Robert E. Maher, Jr.
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 07-424 Filed 1-31-07; 8:45 am]
BILLING CODE 4410-15-M


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