[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Page 13091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03504]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Stipulation and Final Order 
Under the Resource Conservation and Recovery Act

    On February 13. 2024, the Department of Justice lodged a proposed 
Second Stipulation and Final Order (SSFO) with the United States 
District Court for the District of Puerto Rico in the lawsuit entitled 
United States v. Municipality of Toa Alta, Puerto Rico, Civil Action 
No. 3:21-01087.
    The proposed SSFO resolves two issues that the ``Stipulation and 
Preliminary Injunction Order'' (SPIO) entered in this matter in August 
2022 (Dkt. No. 127-1) did not address: the claim that failure to remove 
leachate from the Southeast Cell of the Municipality of Toa Alta's 
(MTA's) landfill constitutes an imminent and substantial endangerment 
under Section 7003(a) of the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. 6973(a), and the claim for civil penalties 
Section 7003(b) of RCRA, 42 U.S.C. 6973(b). The SSFO requires Toa Alta 
to remove and dispose of, under Puerto Rico's Department of Natural and 
Environmental Resources (DNER) oversight, leachate that is pooling on 
the bottom liner of the landfill's Southeast Cell and to pay a $50,000 
civil penalty. The SSFO also converts the SPIO into a permanent 
injunction order.
    The publication of this notice opens a period for public comment on 
the SSFO. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States v. Municipality of Toa Alta, D.J. Ref. No. 90-7-1-
12090. All comments must be submitted no later than thirty (30) days 
after the publication date of this notice. Comments may be submitted 
either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#4f3f3a2d2c2022222a213b622a2a3c612a213d2b0f3a3c2b202561282039"><span class="__cf_email__" data-cfemail="85f5f0e7e6eae8e8e0ebf1a8e0e0f6abe0ebf7e1c5f0f6e1eaefabe2eaf3">[email protected]</span></a>
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area. Any comments 
submitted in writing or at a public meeting may be filed by the United 
States in whole or in part on the public court docket without notice to 
the commenter.
    During the public comment period, the SSFO may be examined and 
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance accessing the SSFO, you 
may request assistance by email or by mail to the addresses provided 
above for submitting comments.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-03504 Filed 2-20-24; 8:45 am]
BILLING CODE 4410-15-P


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