[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Notices]
[Page 46811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22446]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Second Modification to Consent Decree Under 
the Clean Water Act

    Under 28 CFR 50.7 notice is hereby given that on August 20, 2001, a 
proposed Second Modification To Consent Decree (``Second 
Modification'') in United States and State of Indiana v. City of 
Boonville, Civil Act No. EV 84-187-C-Y/H was lodged with the United 
States District Court for the Southern District of Indiana.
    In this action, the United States sought injunctive relief and 
civil penalties for violations of the Clean Water Act (``CWA''), 33 
U.S.C. 1251 et seq., and terms and conditions of an National Pollutant 
Discharge Elimination System (``NPDES'') permit governing discharges of 
pollutants from a publicly owned treatment works (``POTW'') operated by 
the City of Boonville, Indiana (``City''). Following entry of a Consent 
Decree in 1987 and entry of a Joint Stipulation and Order (``JSO'') 
modifying the Consent Decree in 1991, the United States sought 
additional relief and stipulated penalties as a result of the City's 
failure to complete construction of required POTW improvements in 
accordance with schedules set forth in the Consent Decree as modified 
by the JSO.
    The proposed Second Amendment provides a modified schedule for the 
completion of some of the other remaining remedial work necessary for 
the City to obtain compliance with its NPDES permit and the Consent 
Decree, as modified by the JSO. Also, under the Second Modification the 
City will pay $61,000.00 as stipulated penalties to the United States 
of America and the State of Indiana.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Second Modification. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
and should refer to United States and State of Indiana v. City of 
Boonville, Civil Action No. EV 84-187-C-Y/H, D.J. Ref. 90-5-1-1-2071B.
    The Second Modification may be examined at the Office of the United 
States Attorney, 10 West Market Street, Suite 2100, Indianapolis, 
Indiana, 46204-3048, and at U.S. EPA Region V, 77 W. Jackson Blvd., (C-
14J), Chicago, Illinois, 60604-3590. A copy of the Second Modification 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611. In 
requesting a copy, please enclose a check in the amount of $6.00 (.25 
cents per page reproduction cost) payable to the Consent Decree 
Library.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-22446 Filed 9-6-01; 8:45 am]
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