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United States v. Biofriendly Corp.

February 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BIOFRIENDLY CORPORATION, DEFENDANT.



CONSENT DECREE

TABLE OF CONTENTS

I. JURISDICTION AND VENUE ............................................ 1

II. PARTIES BOUND ...................................................... 2

III. DEFINITIONS .......................................................... 3

IV. CIVIL PENALTY ....................................................... 4

V. INTEREST AND STIPULATED PENALTIES ................................ 5

VI. RETENTION OF RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

VII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ..................... 8

VIII. COSTS ................................................................ 9

IX. NOTICES AND SUBMISSIONS ........................................... 9

X. RETENTION OF JURISDICTION

......................................... 10

XI. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT .................. 10

XII. EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

XIII. SIGNATORIES / SERVICE .............................................. 11

XIV. INTEGRATION ....................................................... 11

XV. FINAL JUDGMENT .................................................... 12

WHEREAS, Plaintiff, the United States of America ("United States"), on behalf of the United States Environmental Protection Agency ("EPA"), has filed a Complaint in this action concurrently with this Consent Decree pursuant to Section 211(d) of the Clean Air Act, as amended, 42 U.S.C. § 7545(d), against Defendant, Biofriendly Corporation ("Biofriendly"), for alleged violations of Section 211(b) of the Clean Air Act, as amended, 42 U.S.C. § 7545(b), and its implementing regulations at 40 C.F.R. Part 79, concerning fuel additives and fuels containing additives, which are manufactured, processed, sold, offered for sale, and/or introduced into commerce;

WHEREAS, Defendant does not admit liability to the United States arising out of the transactions or occurrences alleged in the Complaint;

WHEREAS, the United States and Defendant agree, and this Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith, settlement of this matter will avoid litigation between the Parties, and this Consent Decree is fair, reasonable, and in the public interest;

THEREFORE, with the consent of the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED AS FOLLOWS:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over the subject matter of this action and the parties pursuant to 28 U.S.C. §§ 1331, 1345 and 1355, and Sections 205 and 211 of the Clean Air Act, 42 U.S.C. §§ 7524 and 7545, and also has personal jurisdiction over Defendant. Venue lies in this District pursuant to 28 U.S.C. §§ 1391(b) and (c), and 1395(a) and pursuant to Sections 205 and 211 of the Clean Air Act, 42 U.S.C. §§ 7524 and 7545, because the violations set forth in the Complaint are alleged to have occurred in this District and Defendant's principal place of business is located within this District.

2. This Court shall retain jurisdiction over this case until termination of this Consent Decree, for the purpose of resolving disputes arising under this Decree or effectuating or enforcing compliance with the terms of this Decree.

Solely for purposes of this Consent Decree and the underlying Complaint, Defendant waives all objections and defenses it may have to jurisdiction of this Court and venue in this District. Defendant shall not challenge the terms of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree. For purposes of the Consent Decree, Defendant agrees that the Complaint states claims upon which relief may be granted pursuant to Sections 205 and 211 of the Clean Air Act, 42 U.S.C. §§ 7524 and 7545.

II. PARTIES BOUND

3. This Consent Decree is binding upon the United States and upon Defendant, Biofriendly, its successors, and assigns, and any other entities or persons otherwise bound by law. No transfer or change in ownership or corporate or other legal status of Defendant, including but not limited to any transfer of assets or real or personal property, shall relieve the status or responsibilities of Defendant under this Consent Decree.

4. Defendant shall provide a copy of this Consent Decree to all officers, directors, employees, agents, contractors, or any other entities or persons bound by law whose duties might reasonably include compliance with any provisions of this Consent Decree.

5. In any action to enforce this Consent Decree, Defendants shall not raise as a defense the failure by any of its officers, directors, employees, agents, contractors, or any other entities or persons otherwise bound by law, to take any actions necessary to comply with the provisions of this Consent Decree.

III. DEFINITIONS

6. Unless otherwise expressly provided herein, terms used in this Consent Decree that are defined in the Clean Air Act or regulations promulgated pursuant to the Clean Air Act shall have the meanings assigned to them under that Act or such regulations. Whenever the terms set forth below are used in this Consent Decree, the following definitions shall apply:

"Act" shall mean the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.

"Complaint" shall mean the complaint filed by the United States against ...


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