[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Notices]
[Page 57332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26665]


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DEPARTMENT OF JUSTICE


Notice of Lodging of a Consent Decree Pursuant to the Clean Water 
Act and the Resource Conservation and Recovery Act

    Notice is hereby given that a proposed Consent Decree in United 
States of America v. City and County of San Francisco, California, No. 
C 09-5104 JSW, was lodged on October 27, 2009, with the United States 
District Court for the Northern District of California.
    In this case, the United States of American asserted claims against 
the City and County of San Francisco, California, for violations of the 
Clean Water Act, 33 U.S.C. Section 1251, et seq., and the Resource 
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., arising 
from the release of red dye diesel fuel from the San Francisco 
Municipal Transit Authority (SF Muni) Woods bus servicing facility 
located at 1095 Indiana Street in San Francisco, during late November 
and December of 2005. The United States also alleged claims for 
violations of spill prevention requirements at three other facilities: 
The Flynn Facility, located at 15th and Harrison Street; the Kirkland 
Facility, located at 151 Beach Street; and the Marin Facility, located 
at 1399 Marin Street.
    Under the proposed Consent Decree, the City and County of San 
Francisco will pay a civil penalty of $250,000. It will also implement 
an Incident Command System training program for SF Muni staff that will 
improve coordination and communication during future incidents of this 
nature. In addition to the measures to be taken under the Consent 
Decree, the City and County of San Francisco had previously undertaken 
remedial measures to clean up the spill at the Woods facility and 
evaluated procedures and upgraded facilities to prevent further spills.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States of America v. City and County of San Francisco, 
California, DJ No. 90-5-1-1-09289.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the Northern District of California, 450 
Golden Gate Avenue, San Francisco, CA 68102, and at the Region 9 Office 
of the Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA 94105. 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/Consent_Decrees.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 $10.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. The check should 
refer to United States of America v. City and County of San Francisco, 
California, DJ No. 90-5-1-1-09289.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-26665 Filed 11-4-09; 8:45 am]
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