Filed: Sep. 02, 2014
Latest Update: Sep. 02, 2014
Summary: STIPULATION AND PROPOSED ORDER TERMINATING CONSENT DECREE EDMUND BRENNAN, Magistrate Judge. The United States, on behalf of the United States Environmental Protection Agency ("EPA"), and San Joaquin Valley Unified Air Pollution Control District ("District") (collectively "Plaintiffs"), and Defendant Forward, Inc. ("Forward"), by and through their respective undersigned attorneys of record, stipulate as follows: WHEREAS, on March 2, 2011, the United States filed a Complaint, as amended by a Se
Summary: STIPULATION AND PROPOSED ORDER TERMINATING CONSENT DECREE EDMUND BRENNAN, Magistrate Judge. The United States, on behalf of the United States Environmental Protection Agency ("EPA"), and San Joaquin Valley Unified Air Pollution Control District ("District") (collectively "Plaintiffs"), and Defendant Forward, Inc. ("Forward"), by and through their respective undersigned attorneys of record, stipulate as follows: WHEREAS, on March 2, 2011, the United States filed a Complaint, as amended by a Sec..
More
STIPULATION AND PROPOSED ORDER TERMINATING CONSENT DECREE
EDMUND BRENNAN, Magistrate Judge.
The United States, on behalf of the United States Environmental Protection Agency ("EPA"), and San Joaquin Valley Unified Air Pollution Control District ("District") (collectively "Plaintiffs"), and Defendant Forward, Inc. ("Forward"), by and through their respective undersigned attorneys of record, stipulate as follows:
WHEREAS, on March 2, 2011, the United States filed a Complaint, as amended by a Second Amended Complaint on March 30, 2012, in this action against Forward. The operative complaint sought civil penalties and injunctive relief for alleged violations of the Clean Air Act, 42 U.S.C. §§ 7401 et seq., and regulations promulgated thereunder, and of the California Health and Safety Code, §§ 39000 et seq., at Forward Landfill ("Landfill"), a municipal solid waste landfill owned and operated by Forward.
WHEREAS, the parties stipulated to entry of a Consent Decree, embodying a settlement reached by the parties, which was approved and entered by the Court on May 2, 2012;
WHEREAS, the Consent Decree required Forward to, inter alia, make construction improvements and take certain operational measures and other actions intended to reduce the potential for subsurface combustion at the Landfill, replace 19 diesel trucks in the Stockton and Fresno areas with lower-emission trucks, and pay civil penalties of $200,000.
WHEREAS, paragraph 68 of the Consent Decree provides that:
This Consent Decree, including all remaining obligations under this Consent Decree, shall terminate on July 1, 2014, provided that Defendant has certified to the EPA and the District that it has fulfilled all obligations of this Decree, and that EPA, after consultation with the District, has accepted Defendant's certification and agrees that termination of the remaining obligations is appropriate under the terms of the Consent Decree. The Parties shall file with the Court an appropriate stipulation reciting that the requirements of the Consent Decree have been met and notifying the Court of the termination of the Decree.
WHEREAS, Forward has certified to the EPA and the District that Forward has fulfilled all obligations of the Consent Decree;
WHEREAS, EPA, after consultation with the District, has accepted Forward's certification that it has fulfilled all of the obligations of the Consent Decree, and agrees that termination of the Consent Decree is appropriate pursuant to paragraph 68 of the Consent Decree;
WHEREAS, the parties jointly stipulate that the requirements of the Consent Decree have been met by Forward;
NOW THEREFORE, the parties jointly request that the Consent Decree be terminated effective as of July 1, 2014.
ORDER
Based on the foregoing stipulation of the parties and good cause appearing therefor,
IT IS SO ORDERED that the Consent Decree entered in this action on May 2, 2012, is hereby terminated in accordance with its terms, effective as of July 1, 2014.
