[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Notices]
[Pages 917-918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-211]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on December 16, 
2004, a proposed Consent Decree in United States v. District of 
Columbia Water and Sewer Authority, et al., Consolidated Civil Action 
1:CV00183TFH, was lodged with the United States District Court for the 
District of Columbia.
    In February 2000, Citizen Plaintiffs environmental groups sued the 
District of Columbia Water and Sewer Authority (``WASA'') for 
violations of the Clean Water Act arising from its discharges from the 
combined sewer of wastewater containing untreated sewage and other 
pollutants into the Anacostia River, the Potomac River, and Rock Creek 
in the District of Columbia. The United States filed suit in December 
2000, against both WASA and the District of Columbia. The United States 
alleged several claims, including that WASA's discharges from the 
combined sewer violated the terms of its National Pollutant Discharge 
Elimination System (``NPDES'') permit and Section 301 of the Clean 
Water Act, 33 U.S.C. 1311. The two cases were consolidated.
    Plaintiffs' other claims, claims for civil penalty and liability 
issues in the case were previously resolved through stipulations or a 
partial consent decree entered by the court in October 2003.
    The consent decree lodged today resolves the remaining claim of the 
United States in the case. It requires WASA to construct and operate a 
system of pumps and tunnels to create additional storage in the 
combined sewer, which is expected to reduce the volume and frequency of 
the combined sewer discharges. The construction projects, which WASA 
estimates will cost more than $1.265 billion to plan, design, and 
construct, will be built over a twenty (20) year period.
    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 v. District of Columbia Water and Sewer 
Authority, DOJ  90-5-1-1-07137 and Consolidated Civil Action 
No. 1:CV00183TFH.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Columbia, c/o Brian

[[Page 918]]

Sonfield, 501 Third Avenue, NW., Washington, DC 20001, and at U.S. EPA 
Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. During the 
public comment period, the Consent Decree many also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. 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 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 $162.00 
(25 cents per page) payable to the U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-211 Filed 1-4-05; 8:45 am]
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