[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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