[Federal Register: October 15, 1998 (Volume 63, Number 199)]
[Notices]               
[Page 55409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc98-111]

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act; ConAgra, Inc.

    In accordance with Departmental policy, 28 C.F.R. 50.7, notice is 
hereby given that a proposed consent decree in United States v. 
ConAgra, Inc., Civil Action No. CIV96-0134-S-LMB, was lodged on October 
1, 1998 with United States District Court for the District of Idaho. 
The United States of America (``United States''), on behalf of the 
United States Environmental Protection Agency, has filed a civil 
Amended Complaint pursuant to Section 309 (b) and (d) of the Federal 
Water Pollution Control Act, as amended (the ``CWA'' or the ``Act'')), 
33 U.S.C. 1319 (b) and (d), and a January 26, 1998 Notice of 
Corrections to the Amended Complaint. In the Amended Complaint modified 
by a January 26, 1998 Notice of Corrections, the United States alleges 
that the Defendant, ConAgra, Inc., violated the Clean Water Act and the 
terms and conditions of National Pollutant Discharge Elimination System 
permits at the Armour Fresh Meats Company of Nampa, Idaho, beef 
slaughterhouse and concentrated animal feeding operation located at 
Railroad Road and Amity, Nampa, Idaho (``Facility'').
    The proposed consent decree provides that the Defendant shall pay 
to the United States $1,000,000 in civil penalties. In addition, the 
proposed consent decree requires ConAgra to cease all land application 
of wastes at the Facility for so long as a CAFO and/or slaughterhouse 
is operated at the Facility, close its existing wastewater treatment 
ponds and construct a new wastewater treatment pond(s), and implement a 
Supplemental Environmental Project, which requires ConAgra to remove 
cattle from its CAFO and cease all use of its CAFO to reduce the 
potential sources of pollutants to the surface waters.
    The proposed consent decree settles all civil claims against 
ConAgra for violations of the CWA at ConAgra's Facility alleged in the 
Amended Complaint, as modified by the January 26, 1998 Notice of 
Corrections, that occurred prior to the date of lodging of this Consent 
Decree, including alleged violations of effluent limitations in 
ConAgra's NPDES permits, violations of monitoring, reporting and 
records requirements in ConAgra's NPDES permits, and unauthorized 
discharges of pollutants to surface waters via french drains, soils and 
hydrologically-connected groundwater.
    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 for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. ConAgra, Inc., DOJ Ref. 90-5-1-1-4284.
    The proposed consent decree can be examined at the Office of the 
United States Attorney, District of Idaho, 877 West Main, Suite 201, 
Boise, Idaho 83707; the Region 10, Idaho Office of the Environmental 
Protection Agency, 1435 N. Orchard Street, Boise, Idaho 83706; and at 
the Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
D.C. 20005, (202) 624-0892. A copy of the proposed consent decree may 
be obtained in person or by mail from the Consent Decree Library, 1120 
G Street, N.W., 3rd Floor, Washington, D.C. 20005. In requesting a 
copy, please refer to the referenced case and enclose a check in the 
amount of $10.50 (25 cents per page reproduction costs) payable to the 
Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-27695 Filed 10-13-98; 8:45 am]
BILLING CODE 4410-15-M