[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Notices]
[Pages 26275-26276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11088]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    Notice is hereby given that on April 20, 2010, a Consent Decree in 
United States of America v. Hovnanian Enterprises, Inc., Civil Action 
No. 2:10-cv-01742-TJS, was lodged with the United States District Court 
for the Eastern District of Pennsylvania.
    The United States, together with the District of Columbia, the 
State of Maryland, the Commonwealth of Virginia, and the State of West 
Virginia four co-plaintiffs (``State Plaintiffs''), entered into the 
Consent Decree with Hovnanian Enterprises, Inc. (``Hovnanian''), a 
builder of residential homes that does business in nineteen states. 
Plaintiffs are filing concurrently with the Consent Decree a Complaint

[[Page 26276]]

asserting claims against Hovnanian that are resolved by the Consent 
Decree.
    The proposed Complaint alleges three types of storm water 
violations--discharges without a permit, failure to timely apply for 
permit coverage, and permit violations, in violation of Sections 301 
and 308 of the CWA and analogous state law--and alleges a general 
pattern and practice of non-compliance at Hovnanian's Sites throughout 
the country.
    The Consent Decree addresses Hovnanian's violations of the Clean 
Water Act (``CWA'') as well as violations of state and federal National 
Pollutant Discharge Elimination System (``NPDES'') permits governing 
the discharge of storm water from Hovnanian's construction Sites. The 
Consent Decree resolves claims of the United States and State 
Plaintiffs for past violations of storm water requirements at the Sites 
identified in Appendix A of the Complaint by requiring the payment of a 
civil penalty totaling $1 million and the institution of injunctive 
relief in the form of a nationwide management, reporting and training 
program to improve compliance with storm water requirements at 
Hovnanian's future construction Sites.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to this 
proposed Consent Decree. 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#e4949186878b8989818a90c9818197ca818a9680a49197808b8eca838b92"><span class="__cf_email__" data-cfemail="29595c4b4a4644444c475d044c4c5a074c475b4d695c5a4d4643074e465f">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, Attention: 
Nancy Flickinger (EES), and should refer to United States of America v. 
Hovnanian Enterprises, Inc., Civil Action No. 2:10-cv-01742-TJS, DOJ 
<greek-i> 90-5-1-1-08709.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Eastern District of Pennsylvania, 615 
Chestnut Street, Suite 1250, Philadelphia, PA 19016. The consent decree 
also may be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
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#463229282f2768202a2323323129292206333522292c68212930"><span class="__cf_email__" data-cfemail="186c77767179367e747d7d6c6f77777c586d6b7c7772367f776e">[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 $46.50 (25 cents per 
page reproduction cost for a full copy) payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-11088 Filed 5-10-10; 8:45 am]
BILLING CODE 4410-15-P


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