[Federal Register Volume 63, Number 5 (Thursday, January 8, 1998)]
[Notices]
[Page 1124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-387]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant of Lodging of
Consent Decree Pursuant to the Clean Water Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed Consent Decree in United States v.
California Department of Transportation (S.D. Cal.) was lodged with the
United States District Court for the Southern District of California on
December 19, 1997. The proposed Consent Decree resolves the United
States' claims against California Department of Transportation
(Caltrans) for its failure to apply for and obtain a permit for
discharges from municipal storm sewers in San Diego County's urban
areas and to comply with the terms of a General Construction Activity
Storm Water Permit for stormwater discharges associated with industrial
activity at construction projects in San Diego County, all in violation
of Section 402(p) of the Clean Water Act, 33 U.S.C. 1342(p). The
alleged violation occurred at Caltrans' rights-of-way in San Diego
County, California. The proposed Consent Decree requires Caltrans to
(1) pay $430,000 in civil penalties, (2) perform a Supplemental
Environmental Project involving the purchase of a parcel of land
adjacent to the Tijuana Estuary and restoring it to a tidal wetland
condition, and (3) perform injunctive relief including adopting
appropriate measures to control its municipal sewer discharges,
complying with the terms of the California General Construction
Activity Storm Water Permit, and performing pilot projects to determine
the appropriateness of retrofitting its existing stormwater sewer
system to enhance stormwater quality.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Consent Decree. Comments should be addressed to the Assistant
Attorney General for the Environment and Natural Resources Division,
U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044; and
refer to United States v. California Department of Transportation, DOJ
Ref. #90-5-1-1-4364.
The proposed settlement agreement may be examined at the Office of
the United States Attorney, Southern District of California, 880 Front
Street, Room 6293, San Diego, CA 92101-8893 and at the office of the
Environmental Protection Agency, 75 Hawthorne Street, San Francisco,
California 94105; and at the Consent Decree Library, 1120 G Street,
NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of the
proposed Consent Decree may be obtained in person or by mail from the
Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC
20005. In requesting a copy please refer to the referenced case and
enclose a check in the amount of $18.75 (25 cents per page reproduction
costs), payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-387 Filed 1-7-98; 8:45 am]
BILLING CODE 4410-15-M
