[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Notices]
[Page 10931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5672]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Safe Drinking Water Act

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that on February 22, 2002, a proposed consent decree in 
United States v. Arturo C. Muro and Manuela B. Muro, Case No. 00cv1484-
B(POR) was lodged with the United States District Court for the 
Southern District of California.
    This consent decree represents a settlement of claims brought 
against Arturo C. Muro and Manuela B. Muro, in a civil complaint that 
was filed on July 25, 2000, for violations of the Safe Drinking Water 
Act, 42 U.S.C. 300f to 300j-26 (the ``SDWA''), at a trailer park that 
is owned and operated by the Muros in the County of San Diego, 
California. The complaint alleged that the Muros failed to comply with 
a Finding Of Imminent And Substantial Endangerment To The Health Of 
Persons And Administrative Order (Docket No. PWS-EO-99-004) (the 
``Emergency Administrative Order'') that the United States 
Environmental Protection Agency (``EPA'') had issued on May 21, 1999, 
pursuant to the SDWA, 42 U.S.C. 300i(a). EPA had issued the Emergency 
Administrative Order because contaminants, including total coliform 
bacteria and E. coli bacteria (i.e., fecal coliform), present in and 
likely to enter a public water system owned and/or operated by the 
Muros may have presented an imminent and substantial endangerment to 
the health of persons who were or might have been users of the public 
water system, because the public water system and the accompanying 
wastewater system suffered from serious deficiencies which were a 
likely source of contamination of the water provided by the public 
water system, and because EPA had determined that the directives 
contained in the Emergency Administrative Order were necessary in order 
to protect the health of persons who were or might have been users of 
the public water system. The complaint sought: (1) Enforcement of the 
Emergency Administrative Order; (2) assessment of civil penalties for 
repeated and continuing violations of the Emergency Administrative 
Order; and (3) abatement of conditions that presented an imminent and 
substantial endangerment to the health of persons who were or might 
have been users of the Muros' public water system.
    The proposed consent decree requires the Muros to, among other 
things: (1) Refrain from operating or allowing any other individual or 
entity to operate any public water system, as that term is defined in 
the SDWA, or providing or allowing any other individual or entity to 
provide water by any means, at the Muro's trailer park for any purpose 
until EPA grants written permission in accordance with the terms of the 
consent decree; (2) take all necessary actions to ensure that third 
parties do not interfere with the operation of any public water system 
that EPA may authorize the Muros to operate at the Muros' trailer park 
pursuant to the consent decree; (3) take all necessary actions to 
ensure that third parties do not violate, or cause the Muros to 
violate, any of the terms of the consent decree; (4) if EPA authorizes 
the Muros to operate any public water system at the Muro's trailer park 
in accordance with the terms of the consent decree, the Muros shall 
thereafter comply with all applicable requirements of the SDWA, its 
implementing regulations, and certain other requirements set forth in 
the consent decree; (5) pay a stipulated civil penalty of $500.00 for 
past violations of the Emergency Administrative Order; and (6) pay 
stipulated civil penalties for each future violation of any requirement 
or deadline of the consent decree.
    The Department of Justice will receive comments relating to the 
consent decree for a period of thirty (30) days from the date of this 
publication. 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 v. Arturo C. Muro and Manuela B. Muro, Case No. 
00cv1484- B(POR), DOJ Ref. No. 90-5-1-1-07113. A copy of all comments 
also should be sent to Peter J. Sholl, Assistant U.S. Attorney, Office 
of the U.S. Attorney, 880 Front Street, Room 6293, San Diego, 
California 92101.
    The consent decree may be examined at the Office of the United 
States Attorney, 880 Front Street, Room 6293, San Diego, California 
92101, and at the United States Environmental Protection Agency, Region 
IX, 75 Hawthorne Street, San Francisco, California 94105. A copy of the 
consent decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, or by faxing a request to Tonia Fleetwood at facsimile 
number (202) 514-0097, telephone confirmation number (202) 514-1547. In 
requesting a copy, please refer to United States v. Arturo C. Muro and 
Manuela B. Muro, Case No. 00cv1484-B(POR), DOJ Ref. No. 90-5-1-1-07113, 
and enclose a check in the amount of $8.25 (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 02-5672 Filed 3-8-02; 8:45 am]
BILLING CODE 4410-15-M