[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Notices]
[Page 28707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4582]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act and
RCRA
Under 28 CFR 50.7, notice is hereby given that on May 11, 2006, a
proposed Consent Decree in United States and State of Texas v. City of
Dallas, Civil Action No. 3:06-CV-0845-B, was lodged with the United
States District Court for the Northern District of Texas.
The United States alleged that the City of Dallas (the ``City'')
violated the Clean Water Act, 33 U.S.C. 1251-1387, by failing to fully
and timely implement the City's storm water management program, part of
the City's NPDES permit. The United States sought injunctive relief and
civil penalties to address the Clean Water Act violations, and civil
penalties for miscellaneous violations at City-owned facilities of the
Solid Waste Disposal Act, 42 U.S.C. 6901-6992k, also known as the
Resource Conservation and Recovery Act (``RCRA'').
Under the Consent Decree, the City will (i) pay a civil penalty of
$800,000, (ii) spend at least $1.2 million on two supplemental
environmental projects, (iii) hire and keep on staff specified numbers
and kinds of employees to implement the City's storm water program,
(iv) carry out inspections of industrial facilities, construction
sites, and storm water outfalls at specified intervals, and (v)
implement an environmental management system to twelve facilities.
The first supplemental environmental project requires the City to
spend at least $675,000 to construct a wetland, at least 60-acres in
size, along the Trinity River downstream of Sylvan Avenue in the
vicinity of the Pavaho pump station. Before beginning construction, the
City must submit a detailed plan for review by the U.S. Environmental
Protection Agency (``EPA''). The second project requires the
installation of a small wetland near Cedar Creek, that, in conjunction
with small biological treatment units, shall be designed to treat
runoff from at least 15 acres of the Zoo. The treatment train will be
designed to maximize the amount of treated water that can be used in
drip irrigation at the Zoo and to safely discharge water not used in
irrigation to Cedar Creek.
The United States 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 State of Texas v. City of Dallas, D.J. Ref.
No. 90-5-1-1-08359.
During the public 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
number (202) 514-0097, phone confirmation number (202) 514-1547. If
requesting from the Consent Decree Library a full copy of the Consent
Decree including all its attachments, please enclose a check in the
amount of $69.75 (25 cents per page reproduction cost) payable to the
U.S. Treasury. If requesting a copy of the Consent Decree with all
attachments except Appendix H (the City's Storm Water Management Plan)
and I (February 2004 Compliance Order), please enclose a check in the
amount of $19.75 payable to the U.S. Treasury.
Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 06-4582 Filed 5-16-06; 8:45 am]
BILLING CODE 4410-15-M