Federal Register: May 11, 2010 (Volume 75, Number 90)
DOCID: fr11my10-112 FR Doc 2010-11088
DEPARTMENT OF JUSTICE
Justice Department
NOTICE: NOTICES
DOCID: fr11my10-112
SUBJECT CATEGORY:
Notice of Lodging of Proposed Consent Decree Under the Clean Water Act
DOCUMENT SUMMARY:
Notice is hereby given that on April 20, 2010, a Consent Decree in United States of America v. Hovnanian Enterprises, Inc., Civil Action No. 2:10cv01742TJS, 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 coplaintiffs (``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 violationsdischarges 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 lawand alleges a general pattern and practice of noncompliance 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 emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 200447611, Attention:
Nancy Flickinger (EES), and should refer to United States of America v.
Hovnanian Enterprises, Inc., Civil Action No. 2:10cv01742TJS, DOJ
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
200447611 or by faxing or emailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax No. (202) 5140097, phone confirmation
number (202) 5141547. 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. 201011088 Filed 51010; 8:45 am]
BILLING CODE 441015P
SUMMARY:
Lodging of Proposed Consent Decree
DOCUMENT BODY 2:
Notice is hereby given that on April 20, 2010, a Consent Decree in United States of America v. Hovnanian Enterprises, Inc., Civil Action No. 2:10cv01742TJS, 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 coplaintiffs (``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 violationsdischarges 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 lawand alleges a general pattern and practice of noncompliance 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 emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 200447611, Attention:
Nancy Flickinger (EES), and should refer to United States of America v.
Hovnanian Enterprises, Inc., Civil Action No. 2:10cv01742TJS, DOJ
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
200447611 or by faxing or emailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax No. (202) 5140097, phone confirmation
number (202) 5141547. 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. 201011088 Filed 51010; 8:45 am]
BILLING CODE 441015P