Free Other Notice - District Court of Arizona - Arizona

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RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division Department of Justice DIANE J. HUMETEWA United States Attorney District of Arizona SUE A. KLEIN Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave., Ste. 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 11253 Telephone (602) 514-7500 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, CIV-04-0626-PHX-JWS

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v.
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John B. Knight, Jr.; Robert D. Brown; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc., Defendants.

NOTICE OF LODGING OF CONSENT DECREE PENDING 30 DAY PUBLIC COMMENT PERIOD

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Plaintiff, the United States of America, on behalf of the United States Environmental Protection Agency, and Defendants, John B. Knight, Jr.; Robert D. Brown; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc., hereby serve notice that they are lodging this date a Consent Decree in the above-captioned matter. The complaint in this action asserts claims of the United States against the Defendants for civil penalties pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6991, et seq., against the Defendants for failure to conduct corrosion tests every three years; failure to report a suspected release within twenty-four hours; failure to investigate suspected releases within seven days; failure to monitor tanks every thirty days; failure to utilize valid release detection method; failure to provide adequate release detection for piping; failure to maintain financial responsibility; and failure to respond to information request letters.

Case 2:04-cv-00626-JWS

Document 62

Filed 06/30/2008

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The proposed Consent Decree settles these claims by providing for the payment of $55,000 in civil penalties. Pursuant to 28 C.F.R. § 50.7, before entry of the proposed Decree, the proposed Decree must be lodged with the Court, and notice of lodging must be published in the Federal Register. The United States withholds approval of the proposed Decree pending publication of notice in the Federal Register for public review and comment. If, following the close of the public comment period and review of any comments received, the United States believes entry of the proposed Decree is still appropriate, the United States will at that time move the Court for entry of the proposed Decree. The United States respectfully requests that this Court receive the proposed Decree for lodging only, and that it refrain from acting upon the Decree pending the running of the public comment period and the United States' filing of its motion to enter the Decree. Respectfully submitted this 30th day of June, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona s/Sue A. Klein ________________________ SUE A. KLEIN Assistant U.S. Attorney OF COUNSEL:

Mimi Newton Environmental Protection Agency 22 Region IX 75 Hawthorne Street (ORC-3) 23 San Francisco, CA 94105
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1 2 3 4 5 6 7 8 9 10 s/N. Stotler 11 Harold D. Burr, Jr. Burr and Associates, P.C. 18 E. University Drive, Ste. 206 Mesa, Arizona 85201

CERTIFICATION I hereby certify that on June 30, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
Ronald Meyer One Columbus Plaza 3636 N. Central Ave., #700 Phoenix, Arizona 85012

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