[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Page 41789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14271]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Modified Consent Decree Pursuant to the
Clean Water Act
In accordance with 28 CFR 50.7, notice is hereby given that on July
8, 2005, a Modified Consent Decree was lodged with the United States
District Court for the District of Massachusetts in United States and
Commonwealth of Massachusetts v. City of Gloucester, Civil Action No.
89-2206-WGY.
The Modified Consent Decree resolves the plaintiffs' claims against
the City of Gloucester for violations of the Consent Decree entered by
the United States District Court for the District of Massachusetts on
or about April 7, 1992, and subsequently amended, and for violations of
the Clean Water Act, 33 U.S.C. 1251, et seq., and the Massachusetts
Clean Waters Act, M.G.L. c. 21, section 26 et seq., with respect to
discharges from the City of Gloucester's combined sewer overflows
(``CSOs''). The Modified Consent Decree would supersede the 1992
Consent Decree.
The Modified Consent Decree requires the City of Gloucester to
complete facilities planning, design, and construct several projects to
eliminate or reduce discharges of CSOs from the City of Gloucester CSO
outfalls 002, 004, 005, 006, and 006A, in accordance with schedules of
compliance set forth in the Modified Consent Decree. The Modified
Consent Decree also requires the City to undertake certain other
projects designed to abate discharges of pollutants to receiving
waters, including implementation of a plan to remove infiltration and
inflow from the City's sewer system, implementation of a CSO Management
Plan, and construction of facilities to achieve compliance with the
effluent limitations for chlorine in the City's discharge permit. The
Modified Consent Decree also requires the City to pay a civil penalty
of $60,000. In addition, in partial mitigation of the claims of the
Commonwealth of Massachusetts, Gloucester is required to design and
perform a supplemental environmental project consisting of a public
outreach and educational campaign.
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, Environmental and Natural Resources Division,
Department of Justice, P.O. Box 7611, Washington, DC 20044, and should
refer to United States v. City of Gloucester, D.J. Ref. 90-5-1-1-3388.
The proposed consent decree may be examined at the office of the
United States Attorney, Suite 9200, 1 Courthouse Way, Boston,
Massachusetts 02210, 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 Decrees 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 no. (202) 514-1547. For a copy of the proposed Consent
Decree including the signature pages and attachments. In requesting a
copy, please enclose a check (there is a 25 cent per page reproduction
cost) in the amount of $10.50 payable to the U.S. Treasury.
Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment &
Natural Resources Division.
[FR Doc. 05-14271 Filed 7-19-05; 8:45 am]
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