[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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