[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Page 15381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6636]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act
In accordance with 28 CFR Sec. 50.7, 38 FR 19029, notice is hereby
given that on March 10, 2004, a Consent Decree was lodged with the
United States District Court for the District of Massachusetts in
United States v. Massachusetts Bay Transportation Authority, Civil
Action No. 04CV10481-MEL. 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 Massachusetts Bay
Transportation Authority (``MBTA'') violated the Clean Water Act, 33
U.S.C. 1251, et seq., (``CWA'') and Clean Air Act, 42 U.S.C. 7412, at
several facilities owned and operated by the defendant. The violations
alleged in the complaint include discharges of process waste water
without a permit; violations of EPA storm water permitting
requirements; and violations of 310 C.M.R. Sec. 7.11(1)(b), the bus
idling regulations. The consent decree requires MBTA to pay a civil
penalty of $328,274; achieve compliance with applicable provisions of
the CWA and CWA; expend at least $1,000,000 on supplemental
environmental projects; and undertake compliance audits and an
environmental management systems audit with respect to the defendants'
Massachusetts 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, Environment and Natural Resources Division,
Department of Justice, P.O. Box 7611, Washington, DC 20044, and should
refer to United States v. Massachusetts Bay Transportation Authority,
D.J. Ref. 90-5-1-1-07029.
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 Consent
Decree may also be examined on the following Department of Justice Web
Site, ``http:www.usdoj.gov/enrd/open.html''. A copy of the proposed
consent decree may also be obtained by mail from the Department of
Justice Consent Decree Library, P.O. Box 7611, 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, please enclose a check
(there is a 25 cent per page reproduction cost) in the amount of $25.50
payable to the U.S. Treasury.
Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment &
Natural Resources Division.
[FR Doc. 04-6636 Filed 3-24-04; 8:45 am]
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