[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Page 64416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26502]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Modification of Consent Decree Under the 
Clean Water Act

    Pursuant to 28 CFR 50.7, notice is hereby given that, on September 
26, 2002, a proposed Stipulation modifying the Amended Consent Decree 
in United States v. Government of the Virgin Islands, Civil Action No. 
84-104, was lodged with the United States District Court for the 
District of the Virgin Islands.
    On May 10, 1985 and July 14, 1987, the Government of the Virgin 
Islands (``Virgin Islands'') applied to the Environmental Protection 
Agency (``EPA''), pursuant to section 301(h) of the Clean Water Act, 33 
U.S.C. 1311(h), for a waiver of secondary treatment requirements at the 
St. Croix Wastewater Treatment Plant (``St. Croix WWTP'') and the 
Charlotte Amalie Wastewater Treatment Plant (``Charlotte Amalie 
WWTP''), respectively. On January 19, 1996, the United States District 
court for the District of the Virgin Islands approved an Amended 
Consent Decree in an action that had been filed by the United States 
against the Virgin Islands, on March 21, 1984, alleging violations of 
certain provisions of the Clean Water Act at eight of its wastewater 
treatment plants. The Amended Decree provided, inter alia, that if EPA 
denied either of the 301(h) waiver applications, the Virgin Islands 
would be required to achieve secondary treatment at the facility within 
three years of the effective date of EPA's final denial of the 
application.
    On June 7, 2001, before EPA had taken action with respect to the 
301(h) applications, the Virgin Islands withdrew the applications.
    The United States, pursuant to this Stipulation, agrees to give the 
Virgin Islands additional time to complete the construction of new or 
upgraded facilities that will meet the secondary treatment requirements 
of the Clean Water Act or any more stringent requirements that may be 
set forth in the Territorial Pollutant Discharge Elimination System 
permits for the St. Croix WWTP and the Charlotte Amalie WWTP. Pursuant 
to the Stipulation, the Virgin Islands has until November 30, 2005 to 
complete construction and place into operation new or upgraded 
treatment facilities with respect to the St. Croix WWTP and until 
November 30, 2006 to complete construction and place into operation new 
or upgraded treatment facilities with respect to the Charlotte Amalie 
WWTP. Pursuant to the Stipulation, the Virgin Islands agrees to use the 
services of a private contractor to design, construct, and operate (for 
at least 20 years) the new or upgraded facilities. The Virgin Islands 
has also agreed to deposit into a separate account, on an annual basis, 
the funds needed to design, construct, and operate (for two years) the 
facilities during the succeeding twelve-month period.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Stipulation. Comments should be addressed to Donald G. Frankel, Trial 
attorney, Department of Justice, One Gateway Center, Suite 616, Newton 
Massachusetts 02458 and should refer to United States v. Government of 
the Virgin Islands, D.J. Ref. 90-5-1-1-1911A.
    The Stipulation may be examined at the Office of the United States 
Attorney, District of the Virgin Islands, Federal Building and United 
States Courthouse, 550 Veterans Drive, Suite 260, Charlotte Amalie, St. 
Thomas Virgin Islands 00802 (contact Joycelyn Hewlett at (340) 774-
5757). A copy of the Stipulation may also be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing a request to Tonia Fleetwood, 
fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy, please enclose a check in the amount of $5 (25 cents 
per page reproduction cost) payable to the U.S. Treasury.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-26502 Filed 10-17-02; 8:45 am]
BILLING CODE 4410-15-M