Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Notices 66765

Bureau Form Number: None.

Frequency of Collection: Once and

annually thereafter.

Description of Respondents:

Producers of coal and other minerals.

Total Annual Responses: 61.

Total Annual Burden Hours: 513.

Dated: November 2, 2000.

Richard G. Bryson,

Chief, Division of Regulatory Support.

[FR Doc. 00–28563 Filed 11–6–00; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with the Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed Consent Decree in

United States of America and the State

of Louisiana Department of

Environmental Quality v. Acadia Woods

Add. #2 Sewer Co., et al., Defendants,

and Total Environmental Solutions,

Inc., Intervening Defendant, Civil

Action No. 6:98–0687, was lodged on

October 23, 2000, with the United States

District Court for the Western District of

Louisiana, Lafayette-Opelousas

Division. The Consent Decree addresses

relief sought by the United States on

behalf of the United States

Environmental Protection Agency

(‘‘EPA’’) under the Clean Water Act

(‘‘CWA’’), 33 U.S.C. 1251, et seq., with

respect to numerous, ongoing, violations

of the CWA and applicable National

Pollutant Discharge Elimination System

(‘‘NPDES’’) permits at more than 170

package sewage treatment plants

(‘‘STPs’’) in Louisiana owned and

formerly operated by Johnson

Properties, Inc., its numerous

subsidiaries and affiliates, Glenn

Johnson, and Darren K. Johnson

(collectively, the ‘‘Original

Defendants’’).

The Consent Decree has been signed

by Total Environmental Solutions, Inc.,

(‘‘TESI’’), a wholly-owned subsidiary of

South Louisiana Electric Cooperative

Association (‘‘SLECA’’). TESI is a

corporation newly created by SLECA to

purchase all of the assets of the

corporate Original Defendants, and is

not connected with the Original

Defendants. On October 25, 2000, TESI

filed a motion to intervene as a

defendant in the above-captioned action

for the purpose of placing the STPs on

the compliance schedule set forth in the

Consent Decree.

The Original Defendants failed to

comply with a 1998 Consent Decree

requiring them to bring the STPs into

compliance. In March 1999, the District

Court replaced the management of the

corporate Original Defendants with a

receiver. Also in March 1999, the

corporate Original Defendants

commenced a proceeding under Chapter

11 of the Bankruptcy Code, entitled In

re Johnson Properties, No 99–10437, in

the United States Bankruptcy Court for

the Middle District of Louisiana. The

Bankruptcy Court appointed the

receiver as trustee. After a hearing on

plan conformation, the Bankruptcy

Court concluded that sale of the STPs to

a qualified buyer willing to invest in

repairs and capital improvements would

serve to advance the objective of causing

the STPs to comply with the CWA.

Under the confirmed plan of

reorganization, all of the STPs will be

sold to TESI. In the Consent Decree,

TESI agrees to a schedule for performing

repairs and improvements and for

reaching compliance at all of the STPs.

If TESI complies with the Consent

Decree, it will not be liable for penalties

if the STPs exceed permitted effluent

limitations during certain defined

periods.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

Consent Decree. Comments should be

addressed to the Assistant Attorney

General, Environment and Natural

Resources Division, United States

Department of Justice, PO Box 7611,

Washington, DC 20044, and should refer

to United States v. Acadia Woods Add.

#2 Sewer Co., DOJ Ref. No. 90–5–1–1–

4375.

The proposed Consent Decree may be

examined at the Office of the United

States Attorney, 800 Lafayette Street,

Lafayette, Louisiana 70501; the Region 6

office of the Environmental Protection

Agency, 1445 Ross Avenue, Dallas,

Texas 75202. A copy of the proposed

Consent Decree may be obtained by mail

from the Consent Decree Library, PO

Box 7611, Washington, DC 20044. In

requesting a copy, refer to the

referenced case and enclose a check in

the amount of $13.50 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Walker B. Smith,

Principal Deputy Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 00–28538 Filed 11–6–00; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

Pursuant to section 122(d)(2) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9622(d)(2),

and 28 CFR 50.7, notice is hereby given

that a proposed consent decree

embodying a settlement in United States

v. Akzo Nobel Chemicals, Inc. and CK

Video Corporation, Civil Action No. 00–

0908–RV–M, was lodged on October 10,

2000, with the United States District

Court for the Southern District of

Alabama.

The United States seeks

reimbursement of response costs

incurred by the United States

Environmental Protection Agency

(‘‘EPA’’), pursuant to section 107 of

CERCLA, 42 U.S.C. 9607, in response to

releases of hazardous substances at the

Stauffer Chem (LeMoyne Plant)

Superfund Site (the ‘‘Site’’), which is

located near Mobile, Alabama.

Under the proposed consent decree,

the Settling Parties, Akzo Nobel

Chemical, Inc. and CK Witco

Corporation have agreed to address

groundwater and subsurface soil

contamination on Site in the area

designated by EPA as the Operable Unit

#2 (‘‘OU #2’’). The remedial action

selected from EPA’s Record of Decision

of OU #2 will be the construction,

operation, and maintenance of an in-situ

soil flushing system, which will operate

in tandum with an existing groundwater

treatment system, OU #1. OU #2 will

significantly expand the range of

groundwater and soil remediation of OU

#1 by extending the treated areas of the

Site reached by the treatment system

and enhancing the capture, acceleration

of the migration, and removal of

contaminants. Monitoring and reporting

of the subsurface soil for cyanide and

thiocyanate will continue throughout

the affected areas on an annual basis to

determine if contaminants are moving

into the groundwater in a controlled

manner and are affectively being

captured and treated by the total

groundwater treatment system. The

Settling Parties also agree to reimburse

the Agency for 100% of past and future

response and oversight costs.

The Department will receive, for a

period of thirty (30) days from the date

of this publication, comments relating to

the propose consent decree. Comments

should be addressed to the Assistant

Attorney General for the Environment

and Natural Resources Division, U.S.