Notice of Lodging of Proposed Consent Decree Under the Clean Water Act Publication: Federal Register Department: Department of Justice Byline: Thomas Carroll Date: 24 March 2023 Subjects: American Government , The Environment, Trucking Topic: ABF Freight System

[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Page 17869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06138]


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DEPARTMENT OF JUSTICE


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

    On March 20, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Arkansas in the lawsuit entitled United States, Louisiana 
Department of Environmental Quality, State of Maryland, and State of 
Nevada v. ABF Freight System, Inc., Civil Action No. 2:23-cv-02039-PKH.
    This case relates to compliance with Clean Water Act requirements 
applicable to discharges of stormwater associated with industrial 
activity from transportation facilities operated by ABF Freight 
Systems, Inc. (ABF). ABF operates a national network of more than 200 
freight terminals spread across the country. The Complaint alleges 
claims at nine of ABF's freight terminals based on inspections by EPA 
and state agencies. The proposed Consent Decree would resolve claims at 
all ABF freight terminals listed in Appendix A of the Consent Decree 
through the date of lodging. The Consent Decree would also require ABF 
to pay a civil penalty of $535,000 and implement compliance measures at 
all freight terminals currently operated nationwide (except in those 
located in the state of Washington). The states of Louisiana, Maryland, 
and Nevada are Co-Plaintiffs.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, Louisiana Department of Environmental 
Quality, State of Maryland, and State of Nevada v. ABF Freight System, 
Inc., D.J. Ref. No. 90-5-1-1-11432. 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............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $22.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-06138 Filed 3-23-23; 8:45 am]
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