[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Page 15381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6636]


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DEPARTMENT OF JUSTICE


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

    In accordance with 28 CFR Sec.  50.7, 38 FR 19029, notice is hereby 
given that on March 10, 2004, a Consent Decree was lodged with the 
United States District Court for the District of Massachusetts in 
United States v. Massachusetts Bay Transportation Authority, Civil 
Action No. 04CV10481-MEL. A complaint in the action was also filed 
simultaneously with the lodging of the Consent Decree. In the complaint 
the United States, on behalf of the U.S. Environmental Protection 
Agency (``EPA''), alleges that the defendant Massachusetts Bay 
Transportation Authority (``MBTA'') violated the Clean Water Act, 33 
U.S.C. 1251, et seq., (``CWA'') and Clean Air Act, 42 U.S.C. 7412, at 
several facilities owned and operated by the defendant. The violations 
alleged in the complaint include discharges of process waste water 
without a permit; violations of EPA storm water permitting 
requirements; and violations of 310 C.M.R. Sec.  7.11(1)(b), the bus 
idling regulations. The consent decree requires MBTA to pay a civil 
penalty of $328,274; achieve compliance with applicable provisions of 
the CWA and CWA; expend at least $1,000,000 on supplemental 
environmental projects; and undertake compliance audits and an 
environmental management systems audit with respect to the defendants' 
Massachusetts facilities.
    The Department of Justice will receive comments relating to the 
proposed 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, 
Department of Justice, P.O. Box 7611, Washington, DC 20044, and should 
refer to United States v. Massachusetts Bay Transportation Authority, 
D.J. Ref. 90-5-1-1-07029.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Suite 9200, 1 Courthouse Way, Boston, 
Massachusetts 02110, and at the Region I office of the Environmental 
Protection Agency, One Congress Street, Suite 1100, Boston, 
Massachusetts 02114. During the public comment period, the Consent 
Decree may also be examined on the following Department of Justice Web 
Site, ``http:www.usdoj.gov/enrd/open.html''. A copy of the proposed 
consent decree may also be obtained by mail from the Department of 
Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044-
7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy, please enclose a check 
(there is a 25 cent per page reproduction cost) in the amount of $25.50 
payable to the U.S. Treasury.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment & 
Natural Resources Division.
[FR Doc. 04-6636 Filed 3-24-04; 8:45 am]
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