Filed: Jan. 23, 2015
Latest Update: Jan. 23, 2015
Summary: JOINT STIPULATION TERMINATING CONSENT DECREE AND REQUEST FOR COURT APPROVAL; ORDER LAWRENCE J. O'NEILL, District Judge. Plaintiff, the United States of America ("United States"), on behalf of the United States Environmental Protection Agency ("EPA"), lodged with this Court a proposed Consent Decree ("Decree") in the above-captioned matter on September 13, 2013 [Dkt. No. 2]. The Court entered the Decree on November 20, 2013 [Dkt. No. 7]. Pursuant to paragraph 69 of the Decree, on October 13, 20
Summary: JOINT STIPULATION TERMINATING CONSENT DECREE AND REQUEST FOR COURT APPROVAL; ORDER LAWRENCE J. O'NEILL, District Judge. Plaintiff, the United States of America ("United States"), on behalf of the United States Environmental Protection Agency ("EPA"), lodged with this Court a proposed Consent Decree ("Decree") in the above-captioned matter on September 13, 2013 [Dkt. No. 2]. The Court entered the Decree on November 20, 2013 [Dkt. No. 7]. Pursuant to paragraph 69 of the Decree, on October 13, 201..
More
JOINT STIPULATION TERMINATING CONSENT DECREE AND REQUEST FOR COURT APPROVAL; ORDER
LAWRENCE J. O'NEILL, District Judge.
Plaintiff, the United States of America ("United States"), on behalf of the United States Environmental Protection Agency ("EPA"), lodged with this Court a proposed Consent Decree ("Decree") in the above-captioned matter on September 13, 2013 [Dkt. No. 2]. The Court entered the Decree on November 20, 2013 [Dkt. No. 7]. Pursuant to paragraph 69 of the Decree, on October 13, 2014, Post Foods LLC ("Post"), on behalf of defendants Post Holdings, Inc. and Ralcorp Holdings, Inc. requested termination of the Consent Decree. Post provided documentation that satisfactory compliance with the Consent Decree had been maintained for one year, the civil penalty had been paid, and that the required permit had been obtained. Post also indicated that the facility shut down on August 27, 2014. EPA and San Joaquin Valley Unified Air Pollution Control District have reviewed the request and agree that the requirements for termination have been satisfied. According to paragraph 70, if the parties agree that termination is appropriate, they shall submit for the Court's approval a stipulation terminating the Decree.
Therefore, it is stipulated that:
THE CONSENT DECREE IS TERMINATED.
ORDER
Based upon the stipulation of the parties and good cause appearing, the Consent Decree is TERMINATED.
SO ORDERED.
