[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Notices]
[Page 37136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18251]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Pursuant to 28 C.F.R. Sec. 50.7, notice is hereby given that on
June 26, 1998, a proposed Consent Decree in United States v. The
Municipality of Penn Hills, Civil Action No. 91-1334, was lodged with
the United States District Court for the Western District of
Pennsylvania.
The United States has asserted, in a civil complaint under the
Clean Water Act, 33 U.S.C. 1251 et seq., that Penn Hills violated
Section 301 of the Act, 33 U.S.C. Sec. 1311 and its NPDES permits,
issued pursuant to Section 402 of the Act, 33 U.S.C. Sec. 1342 by
discharging pollutants in excess of its permit limits and by
discharging raw sewage through unlawful bypasses within the collection
and treatment systems. The United States also alleged that Penn Hills
failed to properly dispose of sludge, failed to properly maintain and
operate its facilities, and failed to monitor and report, as required
in its NPDES permits.
Pursuant to Preliminary Injunction Orders issued by the Court
during the litigation of this matter, Penn Hills has connected three of
its collection systems to the ALCOSAN system, and has converted three
treatment plants to equalization basins. In addition, Penn Hills has
constructed additional equalization basins to collect hydraulic
overflows to eliminate the unlawful bypassing of raw sewage into the
rivers and tributaries of the Monongahela and Allegheny Rivers.
Under the proposed Consent Decree, Penn Hills shall monitor and
report any future unauthorized flows, shall monitor and report on the
usage of the equalization tanks, and shall make all necessary upgrades
to the Plum Creek collection and treatment system. Penn Hills shall
also pay a civil penalty of $525,000, with $300,000 to be paid to the
United States and $225,000 to be paid to the Commonwealth of
Pennsylvania. Finally, Penn Hills shall implement three Supplemental
Environmental Projects. The first requires Penn Hills to develop,
design, and build a Geographic Information system for the Penn Hills
sanitary sewer collection and conveyance system. The second requires
Penn Hills to perform street sweeping operations on a semi-annual
basis. The third requires Penn Hills to implement a household hazardous
waste collection and disposal program.
The 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
of the Environment and Natural Resources Division, Department of
Justice, Washington, D.C. 20530, and should refer to United States v.
The Municipality of Penn Hills, Civil Action No. 91-1334, D.J. Ref. 90-
5-1-1-3722.
The Consent Decree may be examined at the Office of the United
States Attorney for the Western District of Pennsylvania, 633 Post
Office and Courthouse, 7th & Grant Streets, Pittsburgh, PA 15219; at
the Region III Environmental Protection Agency Library, Reference Desk,
United States Environmental Protection Agency, Region III, 841 Chestnut
Building, Philadelphia, PA 19107; and at the Consent Decree Library,
1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, 202-624-0892. A
copy of the Consent Decree may be obtained in person or by mail from
the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,
D.C. 20005. In requesting a copy, please enclose a check in the amount
of $15.25 (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. 98-18251 Filed 7-8-98; 8:45 am]
BILLING CODE 4410-15-M
