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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`Civil Action No.
`2:21-cv-01016-WSS
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`UNITED STATES OF AMERICA, and the
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`PENNSYLVANIA DEPARTMENT OF
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`ENVIRONMENTAL PROTECTION
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`Plaintiffs,
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`v.
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`LIBERTAS COPPER, LLC, d/b/a
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`HUSSEY COPPER,
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`Defendant.
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`__________________________________________)
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`UNITED STATES’ NOTICE OF LODGING OF CONSENT DECREE
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`The United States hereby lodges the accompanying proposed Consent Decree with this
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`Court for the purpose of soliciting public comment on the proposed agreement. The United
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`States respectfully requests that the Court not sign the proposed Consent Decree nor take any
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`action on the proposed Consent Decree at this time.
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`The United States of America, on behalf of the U.S. Environmental Protection Agency,
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`and the Commonwealth of Pennsylvania, Department of Environmental Protection (“PADEP”),
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`have filed an action against Defendant Libertas Copper, LLC, d/b/a Hussey Copper (“Libertas
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`Copper” or “Defendant”) alleging violations of the Clean Water Act (“CWA”), the Pennsylvania
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`Clean Streams Law (“PCSL”), and Defendant’s National Pollutant Discharge Elimination
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`System (“NPDES”) permit. The complaint alleges that, between 2011 and the present, Defendant
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`discharged wastewater and storm water that caused oil sheens and contained pollutants—
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`including copper, chromium, nickel, oil and grease, lead, pH, total suspended solids, and zinc—
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`from its Leetsdale, Pennsylvania, copper-smelting facility to the Ohio River in violation of the
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`CWA, the PCSL, and Defendant’s NPDES permit.
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`Case 2:21-cv-01016-WSS Document 2 Filed 08/02/21 Page 2 of 3
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`Under the proposed Consent Decree, Defendant would be required to implement
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`significant measures designed to prevent future violations. These include the development and
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`implementation of operational documents and a maintenance program designed to ensure
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`effective collection, pretreatment, and treatment of wastewater; a third-party environmental
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`audit; ongoing internal environmental inspections; violation response requirements; training; and
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`auditing and implementation of an environmental management system. In addition, Defendant
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`will pay a civil penalty of $861,500, to be split evenly between the United States and PADEP.
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`PADEP joins in the proposed Consent Decree.
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`Pursuant to U.S. Department of Justice policy and 28 C.F.R. 50.7, the United States will
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`publish notice of the lodging of the proposed Consent Decree in the Federal Register to
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`commence a 30-day public comment period. The Court should not sign the proposed Consent
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`Decree until the public has had an opportunity to comment and the United States has addressed
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`those comments, if any. The United States may withhold its consent to the proposed Consent
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`Decree if the comments disclose facts or considerations that indicate that the proposed Consent
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`Decree is improper, inappropriate, inadequate, or not in the public interest. At the conclusion of
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`the public comment period, the United States will: (1) file with the Court any written comments
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`received pertaining to the proposed Consent Decree; and (2) either notify the Court of its
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`withdrawal of the proposed Consent Decree, or respond to comments received and request this
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`Court to approve and enter the proposed Consent Decree.
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`Respectfully submitted,
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`FOR THE UNITED STATES
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`/s/ Vanessa M. Moore__________
`VANESSA M. MOORE
`DC Bar No. 1617837
`Trial Attorney
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`Case 2:21-cv-01016-WSS Document 2 Filed 08/02/21 Page 3 of 3
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`Environmental Enforcement Section
`U.S. Department of Justice
`P.O. Box 7611
`Washington, D.C. 20044-7611
`Telephone: (202) 514-3900
`Email: vanessa.moore@usdoj.gov
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`/s/ Paul E. Skirtich
`PAUL E. SKIRTICH
`Assistant U.S. Attorney
`Western District of Pennsylvania
`Joseph F. Weis, Jr. U.S. Courthouse
`700 Grant Street, Suite 4000
`Pittsburgh, PA 15219
`(412) 894-7418
`PA ID No. 30440
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`OF COUNSEL:
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`DOUGLAS FRANKENTHALER
`Assistant Regional Counsel
`U.S. Environmental Protection Agency, Region III
`1650 Arch Street
`Philadelphia, PA 19103
`Telephone: 215.814.2472
`Fax: 215.814.2603
`Email: frankenthaler.douglas@epa.gov
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