[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Notices]
[Page 61041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23099]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act, 33 U.S.C. 1251 Act, et seq.

    In accordance with Department policy, 28 CFR 50.7, notice is hereby 
given that a proposed Consent Decree in United States and the State of 
Ohio v. City of Clyde, Ohio., Civil Action No. 3:04CV7587, was lodged 
on September 29, 2004, with the United States District Court for the 
Northern District of Ohio.
    The proposed Consent Decree concerns injunctive relief and civil 
penalties against the City of Clyde, Ohio (``Clyde''), for alleged 
violations of the Clean Water Act (``the Act''), 33 U.S.C. 1251 et seq. 
Clyde owns and operates a publicly-owned wastewater treatment works 
(``POTW''), and the proposed Consent Decree addresses discharges of 
effluent from the POTW through an outfall into Raccoon Creek, a 
navigable water of the United States. It also resolves allegations that 
Clyde violated its 1994, 1997 and 2002 National Pollutant Discharge and 
Elimination System (``NPDES'') permits and Section 301 of the Act, 33 
U.S.C. 1311, by: (1) Exceeding the effluent limitations contained in 
the three NPDES permits (or ``the three permits''), (2) failing to 
comply with the monitoring requirements contained in the three NPDES 
permits, (3) failing to meet the compliance schedules contained in the 
NPDES permits, and (4) failing to comply with an EPA issued 
Administrative Order (``AO'').
    In addition to resolving the allegations in the federal and state 
Complaints, the proposed Consent Decree provides for injunctive relief 
which includes Clyde coming into compliance with the current NPDES 
Permit and preparing a long term control plan for the regulating 
agencies. Installation of a compliance control screen, monitoring of 
Clyde's outfall, and reporting requirements are also included. Clyde 
will also pay a $35,000 penalty.
    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, United 
States Department of Justice, P.O. Box 7611, Washington, DC 20044-7611; 
and reference United States and the State of Ohio v. City of Clyde, 
Ohio, DJ 90-5-1-1-06524.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the Northern District of Ohio, Four Seagate, 
Suite 308, Toledo, OH 43604, and at the Region 5 office of the 
Environmental Protection Agency, 77 West Jackson Boulevard, 7th Floor, 
Chicago, IL 60604. During the public comment period, the proposed 
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 Consent 
Decree Library, U.S. Department of Justice, 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 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $28.00 (25 cents per 
page reproduction cost), payable to the U.S. Treasury, for the proposed 
Consent Decree with all attachments, or for $7.75 for the proposed 
Consent Decree only, to: Consent Decree Library, U.S. Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611. The check should 
refer the Unite States and the State of Ohio v. City of Clyde, Ohio, DJ 
90-5-1-1-06524.

William Brighton,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 04-23099 Filed 10-13-04; 8:45 am]
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