[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62348-62349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30588]
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DEPARTMENT OF JUSTICE
Notice of Lodging of First Amendment to May 24, 1994 Consent
Decree Under the Clean Water Act
Under 28 CFR 50.7, notice is hereby given that on October 28, 1997,
a proposed First Amendment to the May 24, 1994 Consent Decree
(``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. 1251 et seq., against Wayne
County,
[[Page 62349]]
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. Defendants further agreed to complete capital
improvements needed at the Plant and in its collection system. The
capital-improvements project, detailed in a 1993 Project Plan
incorporated by reference in the 1994 Decree, included steps to
achieve: the removal of improper infiltration-and-inflow; the
improvement of transport and storage capacity in the Plant's wastewater
collection system by constructing retention-equalization basins and an
underground tunnel for storage and transport of untreated wastewater;
and the upgrade the Plant's facilities to ensure that all flows meet
Permit-mandated limits.
Since entry of the Consent Decree in 1994, defendants have
submitted studies, plans, and design documents required by the 1994
Consent Decree to the U.S. Environmental Protection Agency and the
Michigan Department of Environmental Quality. These documents contain
recommendations for changes in the design of certain components of the
work required by the 1994 Consent Decree, including: the modification
of the wastewater storage and transport tunnel required by the original
decree; further improvements in Plant treatment capacity; further study
and design work prior to commencement of construction of a detention
basin required by the 1994 Decree, referred to as the Eureka Basin,
intended to eliminate sewer overflows and backups in the Plant's
collection system above the proposed basin; and construction of a new
connecting conduit, rather than a new Plant outfall, that would convey
excess flows from the Plant to another treatment plant for treatment
and discharge. The Amendment, if approved by the Court, would modify
the injunctive relief provisions of the 1994 Decree to reflect these
changes to the 1993 Project Plan. In all other respects, the 1994
Decree would remain the same.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
Amendment. Comments should be addressed to the Assistant Attorney
General of the Environment and Natural Resources Division, Department
of Justice, Washington, DC 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 Amendment may be examined at the Office of the United States
Attorney, Eastern District of Michigan, 211 W. Fort Street, Suite 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, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of
the Amendment 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 enclose a check in the amount of $8.50 (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. 97-30588 Filed 11-20-97; 8:45 am]
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