Notice of Filing of Consent Decree Between the United States, the Commonwealth of Pennsylvania Department of Environmental Protection, the Allegheny County Health Department, and the Allegheny County Sanitary Authority To Resolve Certain Alleged Violations of the Clean Water Act, 32864 [07-2931]

Download as PDF 32864 Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Notices DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Filing of Consent Decree Between the United States, the Commonwealth of Pennsylvania Department of Environmental Protection, the Allegheny County Health Department, and the Allegheny County Sanitary Authority To Resolve Certain Alleged Violations of the Clean Water Act Notice is hereby given that on May 31, 2007, the United States filed with the United States District Court for the Western District of Pennsylvania, in Case No. 07–737, a proposed Consent Decree to resolve certain claims of the United States, the Commonwealth of Pennsylvania Department of Environmental Protection (‘‘PADEP’’), and the Allegheny County Health Department (‘‘ACHD’’) against the Allegheny County Sanitary Authority (‘‘Alcosan’’) under Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1311, 1342, and other related state and local authorities. In this action, the United States alleges that Alcosan violated the Clean Water Act by discharging pollutants into waters of the United States without a permit, and by discharging pollutants in a manner not contemplated by its National Pollutant Discharge Elimination System (‘‘NPDES’’) permit. These violations occurred primarily during wet weather, which causes Alcosan’s system to quickly overload and to discharge through a network of over 300 outfalls that run along three main rivers in the area—the Allegheny, Ohio, and Monogahela Rivers. The United States, PADEP, and ACHD seek injunctive relief and the payment of civil penalties to redress these alleged violations. The proposed Consent Decree is designed to promote a coordinated regional approach to the wet weather discharge from Alcosan’s system. It requires Alcosan to develop and submit a long-term plan, in coordination with the 83 municipalities that contribute flows to Alcosan’s system, to control the wet weather discharges from its system and to ensure compliance with its NPDES permit and the Clean Water Act. The proposed Consent Decree also requires Alcosan to pay a civil penalty to the Plaintiffs of $1.2 million, and to undertake at least $3.0 million in supplemental environmental projects. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources VerDate Aug<31>2005 17:22 Jun 13, 2007 Jkt 211001 Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Allegheny County Sanitary Authority, D.J. Ref. No. 90–5–1–1–4414. The proposed Consent Decree may be examined at the Office of the United States Attorney, Western District of Pennsylvania, 633 Post Office & Courthouse, 7th and Grant Streets, Pittsburgh, Pennsylvania 15219, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. During the public comment period, the proposed Consent Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. In addition, a copy of the proposed Consent Decree may also be obtained from the Justice Department’s Consent Decree Library by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov, fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Consent Decree from the Consent Decree Library, please enclose a check in the amount of $65.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Ellen Mahan, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–2931 Filed 6–13–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to The Clean Water Act In accordance with 28 CFR 50.7, 38 FR 19029, notice is hereby given that on May 31,007, a Consent Decree was lodged with the United States District Court for the District of Massachusetts in United States v. Town of Billerica, Civil Action No. 07–11015. A complaint in the action was also filed simultaneously with the lodging of the Consent Decree. In the complaint the United States, on behalf of the U.S. Environmental Protection Agency (EPA) alleges that the defendant Town of Billerica (‘‘Town’’ or ‘‘Billerica’’) violated the Clean Water Act, 33 U.S.C. 1251, et seq., (‘‘CWA’’) at its Water Treatment and Waste Water Treatment Facilities (the, ‘‘Water Facilities’’). The violations alleged in the complaint include discharges of process waste PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 water without a permit; violations of EPA storm water permitting requirements; and violation of effluent limits and monitoring and reporting requirements of its individual permits. The Consent Decree requires Billerica to pay a civil penalty of $250,000; achieve compliance with applicable provisions of the CWA; expend at least $50,000 on two supplemental environmental projects; and, undertake compliance audits with respect to the Town’s Water Facilities. The Department of Justice will receive comments relating to the proposed Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, Washington, DC 20044, and should refer to United States v. Town of Billerica, D.J. Ref. 90– 5–1–08192. The proposed Consent Decree may be examined at the office of the United States Attorney, Suite 9200, 1 Courthouse Way, Boston, Massachusetts 02110, and at the Region I office of the Environmental Protection Agency, One Congress Street, Suite 1100, Boston, Massachusetts 02114. During the public comment period, the proposed Consent Decree may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ COnsent_Decrees.html. In addition, a copy of the proposed consent decree may also be obtained by mail from the Department of Justice Consent Decree Library by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Consent Decree from the Consent Decree Library, please enclose a check (there is a 25 cent per page reproduction cost) in the amount of $14 payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Ronald G. Gluck Assistant Chief, Environmental Enforcement Section, Environmental & Natural Resources Division. [FR Doc. 07–2930 Filed 6–13–07; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

Department of Justice

[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Page 32864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2931]



[[Page 32864]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Filing of Consent Decree Between the United States, the 
Commonwealth of Pennsylvania Department of Environmental Protection, 
the Allegheny County Health Department, and the Allegheny County 
Sanitary Authority To Resolve Certain Alleged Violations of the Clean 
Water Act

    Notice is hereby given that on May 31, 2007, the United States 
filed with the United States District Court for the Western District of 
Pennsylvania, in Case No. 07-737, a proposed Consent Decree to resolve 
certain claims of the United States, the Commonwealth of Pennsylvania 
Department of Environmental Protection (``PADEP''), and the Allegheny 
County Health Department (``ACHD'') against the Allegheny County 
Sanitary Authority (``Alcosan'') under Sections 301 and 402 of the 
Clean Water Act, 33 U.S.C. 1311, 1342, and other related state and 
local authorities. In this action, the United States alleges that 
Alcosan violated the Clean Water Act by discharging pollutants into 
waters of the United States without a permit, and by discharging 
pollutants in a manner not contemplated by its National Pollutant 
Discharge Elimination System (``NPDES'') permit. These violations 
occurred primarily during wet weather, which causes Alcosan's system to 
quickly overload and to discharge through a network of over 300 
outfalls that run along three main rivers in the area--the Allegheny, 
Ohio, and Monogahela Rivers. The United States, PADEP, and ACHD seek 
injunctive relief and the payment of civil penalties to redress these 
alleged violations.
    The proposed Consent Decree is designed to promote a coordinated 
regional approach to the wet weather discharge from Alcosan's system. 
It requires Alcosan to develop and submit a long-term plan, in 
coordination with the 83 municipalities that contribute flows to 
Alcosan's system, to control the wet weather discharges from its system 
and to ensure compliance with its NPDES permit and the Clean Water Act. 
The proposed Consent Decree also requires Alcosan to pay a civil 
penalty to the Plaintiffs of $1.2 million, and to undertake at least 
$3.0 million in supplemental environmental projects.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Allegheny County Sanitary Authority, D.J. 
Ref. No. 90-5-1-1-4414.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Western District of Pennsylvania, 633 Post 
Office & Courthouse, 7th and Grant Streets, Pittsburgh, Pennsylvania 
15219, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. During the public comment period, the proposed 
Consent Decree may also be examined on the following Department of 
Justice Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html. In 
addition, a copy of the proposed Consent Decree may also be obtained 
from the Justice Department's Consent Decree Library by faxing or e-
mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov, fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy of the Consent Decree from the Consent Decree 
Library, please enclose a check in the amount of $65.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or if by e-mail or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Ellen Mahan,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-2931 Filed 6-13-07; 8:45 am]
BILLING CODE 4410-15-M

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.