[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]
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