[Federal Register Volume 61, Number 72 (Friday, April 12, 1996)]
[Notices]
[Page 16266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9122]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Modified Consent Decree Pursuant to the 
Clean Water Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Modified Consent Decree in United States 
v. City of Hindman, Kentucky, and the Commonwealth of Kentucky, Civil 
Action No. 89-39 was lodged on March 26, 1996, with the United States 
District Court for the Eastern District of Kentucky, Pikeville 
Division. This Modified Consent Decree replaces a Consent Decree 
previously entered in this matter on May 18, 1989. The 1989 Consent 
Decree resolved the United States' claims alleging violations of the 
Clean Water Act, 33 U.S.C. 1251 et seq., and its implementing 
regulations, and provided for a civil penalty and injunctive relief.
    The Modified Consent Decree obligates the City to construct a 
wastewater treatment facility (the ``facility'') to insure consistent 
compliance by the City with its NPDES Permit. The City has also agreed 
to pay $1,000.00 in stipulated penalties for violations of the 1989 
Consent Decree.
    The Modified Consent Decree sets forth a schedule to begin 
construction of the facility by July 1, 1996, complete construction of 
the facility by December 1, 1996, and achieve and maintain continuous 
compliance with all NPDES permit effluent limitations by March 1, 1997.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Modified Consent Decree. Comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, Department of Justice, Washington, DC 20530, and should refer 
to United States v. City of Hindman, Kentucky, et al., DOJ Ref. #90-5-
1-1-2928A.
    The proposed Modified Consent Decree may be examined at the Office 
of the United States Attorney, Eastern District of Kentucky, 110 W. 
Vine St., Suite 400, Lexington, Kentucky 40507; Office of the U.S. 
Environmental Protection Agency, Region IV, 345 Courtland Street, NE., 
Atlanta, Georgia 30365; and at the Consent Decree Library, 1120 G 
Street, NW., Washington, DC 20005, 202-624-0892. A copy of the proposed 
Modified 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 $6.25 (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. 96-9122 Filed 4-11-96; 8:45 am]
BILLING CODE 4410-01-M