[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Page 51325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18946]


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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 August 5, 2004, a 
proposed Settlement Agreement and Final Order (``Settlement 
Agreement'') in United States and State of California ex rel. 
California Regional Water Quality Control Board, Los Angeles Region v. 
City of Los Angeles, Civil Action No. 01-191-RSWL, was lodged with the 
United States District Court for the Central District of California, 
Western Division. The United States and the State's action is 
consolidated with Santa Monica Baykeeper v. The City of Los Angeles, 
Civil Action No. 98-9039-RSWL.
    The United States and the State's action sought injunctive relief 
and a civil penalty to address sanitary sewer overflows and other 
violations of the Clean Water Act and the City of Los Angeles's 
National Pollutant Discharge Elimination System (``NPDES'') permits. 
Under the Settlement Agreement, the City will (i) begin work on 
specific projects to increase the sewer system's capacity and submit a 
report in two years recommending additional capacity projects necessary 
to assure that the sewer system has sufficient capacity to convey wet 
weather flows, and (ii) begin work on the rehabilitation and 
replacement of the sewer pipes in poor condition and submit a report in 
two years recommending what further rehabilitation and replacement work 
is necessary (the report must recommend at least the rehabilitation and 
replacement of 60 miles of pipe per year on a three-year rolling 
average and 50 miles of pipe per year). Under the Settlement Agreement, 
the City must also (iii) clean approximately 2,800 miles of pipe on a 
three-year rolling average, (iv) inspect all restaurants each year and 
review, and where necessary, improve the City's enforcement of its 
ordinance regulating the discharge of grease from restaurants, (v) 
address sewer odors, and (vi) inspect at least 600 miles of pipe 
annually with closed circuit TV.
    The City will pay a cash penalty to the United States of $800,000 
and make a payment of $800,000 to the State to resolve the State's 
civil penalty claims. The State has elected to devote its $800,000 
penalty to supplemental environmental projects (``SEPs''). The 
Settlement Agreement requires the City to spend an additional $7.7 
million on SEPs, bringing the total devoted to SEPs to $8.5 million. 
The Settlement Agreement contains a list of possible SEPs, most of 
which are wetland and stream restoration projects, located primarily 
along the Los Angeles River, that are designed to restore aquatic areas 
and provide water quality benefits by treating local runoff.
    The United States Department of Justice will receive for a period 
of thirty (30) days from the date of this publication comments relating 
to the Settlement Agreement. 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 v. City of Los Angeles, D.J. Ref. No. 
90-5-1-1-809/1.
    The Settlement Agreement may be examined during the public comment 
period on the following Department of Justice Web site: http://www.usdoj.gov/enrd/open.html. A copy of the Settlement Agreement may 
also be obtained by mail from the Settlement Agreement 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 number (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Settlement Agreement Library, please enclose a check in the amount of 
$21.25 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-18946 Filed 8-17-04; 8:45 am]
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