[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Notices]
[Page 15642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5979]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    In accordance with Departmental policy, 28 CFR Sec.  50.7, notice 
is hereby given that on March 2, 2005 a proposed Consent Decree in 
United States and the State of Nebraska v. City of McCook, Nebraska, 
Case No. 8:05CV93 was lodged with the United States District Court for 
the District of Nebraska.
    In this action the United States sought civil penalties and 
injunctive relief arising from the City of McCook's failure to comply 
with Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), and its 
National Pollution Discharge Elimination System permit issued under the 
CWA. Under the Consent Decree, the City will comply with the SDWA and 
its maximum contaminant levels (MCLs) for nitrates, uranium, and for 
arsenic when that MCL comes into effect in 2006 in its drinking water 
supply. It will agree to pay a civil penalty of $136,000, of which 
$131,000 will go to EPA and $5000 to the State. ($5000 is the maximum 
penalty the State can impose by statute). The City also agrees to 
comply with the CWA and the terms of its NPDES Permit and perform 
injunctive relief including, among other things, continuous monitoring 
and to pay a total civil penalty to EPA and the State of $89,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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 and the State of Nebraska v. City of McCook, Nebraska, 
D.J. Ref. 90-5-1-1-08273.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Nebraska at 1620 Dodge Street, Suite 1400, 
Omaha, NE 68102 and at U.S. EPA Region 7, 901 N. 5th Street, Kansas 
City, Kansas 66101. During the comment period, the consent decree may 
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 $11.00 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Catherine R. McCabe,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-5979 Filed 3-25-05; 8:45 am]
BILLING CODE 4410-15-M