[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Page 75344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27485]



[[Page 75344]]

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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that a proposed Consent Decree in United 
States of America and the State of Alabama v. Knoxville Utilities 
Board, Civ. No. 3:04-CV-568, and Tennessee Clean Water Network. v. 
Knoxville Utilities Board, Civ. No. 3:03-CV-497, was lodged on December 
1, 2004, with the United States District Court for the Eastern District 
of Tennessee, Northern Division.
    The proposed Consent Decree would resolve certain claims under 
Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1251, et seq., 
against the Knoxville Utilities Board (``KUB''), through the 
performance of injunctive measures, the payment of a civil penalty, and 
the performance of Supplemental Environmental Projects (``SEPs''). The 
United States, the State of Tennessee and Tennessee Clean Water 
Network, allege that KUB is liable as a person who has discharged a 
pollutant from a point source to navigable waters of the United States 
without a permit and, in some cases, in excess of permit limitations.
    The proposed Consent Decree would resolve the liability of KUB for 
the violations alleged in the complaints filed in these matters. To 
resolve these claims, KUB would perform the injunctive measures valued 
at over $500 million and described in the proposed Consent Decree; 
would pay a civil penalty of $334,000 ($167,000 to the United States 
Treasury and $167,000 to the State of Tennessee in the form of an 
environmental project); and would perform a SEP valued at $2 million, 
which involves the installation of new private sewer laterals in low- 
and middle-income households within KUB's service area. 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, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044 and should refer to 
United States v. Knoxville Utilities Board, DJ No. 90-5-1-1-08186.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the Eastern District of Tennessee, 800 
Market Street, Knoxville, TN 37901, and at the Region 4 Office of the 
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth 
Street, SW., Atlanta GA 30303. During the public comment period, the 
decree may also be examined on the following Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.html. A copy of the 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 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 from the Consent Decree 
Library, please enclose a check in the amount of $29.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. The check should 
refer to United States v. Knoxville Utilities Board, DJ No. 90-5-1-1-
08186.

Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-27485 Filed 12-15-04; 8:45 am]
BILLING CODE 4410-15-M