# Notice of Lodging of Proposed Consent Decree under the Clean Air Act
On January 9, 2024, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of New York in the lawsuit entitled *United States of America* v. *Allied Waste Niagara Falls Landfill, LLC,* Case No. 1:24-cv-36.
The United States filed this lawsuit to seek civil penalties and injunctive relief for violations of the Clean Air Act, 42 U.S.C. 7401 *et seq.* (“CAA”). The alleged violations stem from the failure by Allied Niagara Falls Landfill, LLC (“Allied”) to comply with federally-enforceable regulations applicable to municipal solid waste (“MSW”) landfills. Allied operates a MSW landfill in Niagara Falls, New York.
The Consent Decree provides for Allied to come into compliance with the Clean Air Act, 42 U.S.C. 7401 *et seq.,* and its municipal solid waste landfill regulations by installing and operating a gas collection and control system at its landfill and to pay a $671,000 civil penalty.
The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to *Allied Waste Niagara Falls Landfill, LLC,* Civil Action No. 1:24-cv-36, D.J. Ref. No. 90-5-2-1-11610. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:
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| By e-mail | . |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |
During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: *https://www.justice.gov/enrd/consent-decrees* . We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $39.75 (25 cents per page reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.