[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Page 75344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27485]
[[Page 75344]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of a Consent Decree Pursuant to the Clean Water
Act
Notice is hereby given that a proposed Consent Decree in United
States of America and the State of Alabama v. Knoxville Utilities
Board, Civ. No. 3:04-CV-568, and Tennessee Clean Water Network. v.
Knoxville Utilities Board, Civ. No. 3:03-CV-497, was lodged on December
1, 2004, with the United States District Court for the Eastern District
of Tennessee, Northern Division.
The proposed Consent Decree would resolve certain claims under
Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1251, et seq.,
against the Knoxville Utilities Board (``KUB''), through the
performance of injunctive measures, the payment of a civil penalty, and
the performance of Supplemental Environmental Projects (``SEPs''). The
United States, the State of Tennessee and Tennessee Clean Water
Network, allege that KUB is liable as a person who has discharged a
pollutant from a point source to navigable waters of the United States
without a permit and, in some cases, in excess of permit limitations.
The proposed Consent Decree would resolve the liability of KUB for
the violations alleged in the complaints filed in these matters. To
resolve these claims, KUB would perform the injunctive measures valued
at over $500 million and described in the proposed Consent Decree;
would pay a civil penalty of $334,000 ($167,000 to the United States
Treasury and $167,000 to the State of Tennessee in the form of an
environmental project); and would perform a SEP valued at $2 million,
which involves the installation of new private sewer laterals in low-
and middle-income households within KUB's service area. 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, Environment and Natural Resources Division, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044 and should refer to
United States v. Knoxville Utilities Board, DJ No. 90-5-1-1-08186.
The proposed Consent Decree may be examined at the office of the
United States Attorney for the Eastern District of Tennessee, 800
Market Street, Knoxville, TN 37901, and at the Region 4 Office of the
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta GA 30303. During the public comment period, the
decree may also be examined on the following Department of Justice Web
site, http://www.usdoj.gov/enrd/open.html. A copy of the 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 or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy from the Consent Decree
Library, please enclose a check in the amount of $29.00 (25 cents per
page reproduction cost) payable to the U.S. Treasury. The check should
refer to United States v. Knoxville Utilities Board, DJ No. 90-5-1-1-
08186.
Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 04-27485 Filed 12-15-04; 8:45 am]
BILLING CODE 4410-15-M