[Federal Register Volume 67, Number 57 (Monday, March 25, 2002)]
[Notices]
[Page 13662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7026]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Under 28 CFR 50.7, notice is hereby given that on March 5, 2002, a 
proposed consent decree in United States and Ohio v. City of 
Youngstown, Ohio, Civil Action No. 4:98 CV 2438, was lodged with the 
United States District Court for the Northern District of Ohio.
    In this action, the United States sought injunctive relief and 
civil penalties under Section 309(b) and (d) of the Clean Water Act 
(``the Act''), 33 U.S.C. 1319(b) and (d), against the City of 
Youngstown, Ohio, (``Youngstown'') for violations of Section 301 of the 
Act, 33 U.S.C. 1311, and the terms and conditions of Youngstown's 
National Pollutant Discharge Elimination System (``NPDES'') permits at 
Youngstown's wastewater treatment plant and throughout its sewer 
collection system. The Complaint alleges that Youngstown violated the 
Clean Water Act and its applicable NPDES permits by failing to meet 
certain permit deadlines, failing to comply with effluent limitations 
in its permits, discharging wastewater and raw sewage through 
unpermitted point sources, failing to monitor its discharges in 
accordance with its permit requirements, and failing to notify the 
regulatory agencies of missed deadlines.
    The proposed Clean Water Act consent decree provides for injunctive 
relief consisting of the following: (1) Elimination of the overflow 
point known as outfall 6108 at the Orchard Meadow area of Mill Creek 
Park; (2) elimination of certain specified direct discharges of 
sanitary sewage and process wastewater that are not currently connected 
to the Youngstown collection system; (3) development and implementation 
of Youngstown's long term control plan as required by its discharge 
permit; (4) removal of accumulated sewer sediments in the Mill Creek 
collector; (5) short-term improvements to Youngstown's collection 
system maintenance programs, documentation, and data management; (6) an 
evaluation of Youngstown's collection system maintenance programs and 
data management and proposed improvements; (7) replacement of the 
Meadowbrook pump station and the Lansdowne pump station and evaluation 
of additional upgrades at the Dry Run pump station; (8) implementation 
of a revised inspection schedule for combined sewer overflows; (9) 
implementation of measures to reduce vandalism at manholes within the 
collection system; and (10) installation of additional level sensing 
equipment at certain specified overflow structures. In addition, 
Youngstown will pay a civil penalty of $60,000, to be split evenly 
between the United States and its co-plaintiff the State of Ohio, to 
resolve the claims in the Complaint.
    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, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and Ohio v. City of Youngstown, DOJ Ref. #90-5-
1-1-4383.
    The proposed consent decree may be examined at the office of the 
United States Attorney for the Northern District of Ohio, 1800 Bank One 
Center, 600 Superior Avenue East, Cleveland, Ohio 44114, and at U.S. 
EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. A copy of 
the Consent Decree 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 refer to the referenced case and enclose a check in the 
amount of $9.75 (25 cents per page reproduction costs), payable to the 
U.S. Treasury.

William D. Brighton,
Assistant Chief, Environment Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-7026 Filed 3-22-02; 8:45 am]
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