[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52763-52764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26307]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Second Amendment to May 24, 1994 Consent
Decree Under the Clean Water Act
Under 28 CFR 50.7, notice is hereby given that on September 28,
1998, a proposed Second Amendment to the May 24, 1994 Consent Decree
(``Second Amendment'') in United States and State of Michigan v. Wayne
County et al., Civil Action No. 87-70992, was lodged with the United
States District Court for the Eastern District of Michigan.
The United States and the State of Michigan asserted claims in this
case under the Clean Water Act, 33 U.S.C.
[[Page 52764]]
1251 et seq., against Wayne County, Michigan, and 13 addition
municipalities that send wastewater to the Wayne's Treatment Plant (the
``Plant''). The case was resolved in 1994 by a Consent Decree pursuant
to which defendants agreed to attain and maintain compliance with the
Plant's National Pollutant Discharge Elimination System permit limits
and to comply with Decree-mandated interim limits during construction
of Plant and collection-system improvements. On March 3, 1998, the
Court entered a Amendment to the 1994 Consent decree providing for,
among other things, the construction of an ultraviolet radiation
(``UV'') disinfection system to replace the current chlorination/
dechlorination facilities.
In the course of planning to build the UV system, the defendants
determined that they cannot continue to dechlorinate the Plant's
effluent while constructing the UV disinfection system, due to physical
space limitations at the Plant. Without dechlorinating, the Plant will
not meet its 0.5 mg/l total residual chlorine (``TRC'') limit. To
resolve this issue, the proposed Second Amendment would allow the Plant
to suspend compliance with its TRC limit during construction of the UV
disinfection system, but would require the Plant to implement an
Interim Chlorine Control Plan to minimize the use of chlorine while the
TRC limit is suspended, to ensure that the federal and state regulators
are kept informed regarding the plant's implementation of the Interim
Plan, and to keep potentially affected downriver communities informed
regarding the interim change in Wayne County's chlorine discharge
limit. The Second Amendment also provides for stipulated penalties for
failure to complete construction of the UV disinfection system on
schedule, to submit the required Interim Chlorine Control Plan, or to
submit required monthly reports regarding the Plan's implementation.
The court has directed the parties to seek entry of the proposed
Second Amendment on or before October 15, 1998. Accordingly, pursuant
to 28 CFR 50.7(c), the Department of Justice will receive for the
period ending October 12, 1998, at 5:00 p.m., comments relating to the
Second Amendment. Comments should be addressed to the Assistant
Attorney General of the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to
United States and State of Michigan v. Wayne County et al., D.J. Ref.
90-5-1-1-2766.
The Second Amendment may be examined at the Office of the United
States Attorney, Eastern District of Michigan, 211 W. Fort Street, Suit
2300, Detroit, MI 48226, at U.S. EPA Region 5, 77 West Jackson Blvd.,
Chicago, Illinois, 60604, and at the Consent Decree Library, 1120 G
Street, N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A copy
of the Second Amendment may be obtained in person or by mail from the
Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,
D.C. 20005. In requesting a copy, please enclose a check in the amount
of $6.75 (25 cents per page reproduction cost) payable to the Consent
Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section/Environment and Natural
Resources Division.
[FR Doc. 98-26307 Filed 9-30-98; 8:45 am]
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