[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Notices]
[Page 28707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4582]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act and 
RCRA

    Under 28 CFR 50.7, notice is hereby given that on May 11, 2006, a 
proposed Consent Decree in United States and State of Texas v. City of 
Dallas, Civil Action No. 3:06-CV-0845-B, was lodged with the United 
States District Court for the Northern District of Texas.
    The United States alleged that the City of Dallas (the ``City'') 
violated the Clean Water Act, 33 U.S.C. 1251-1387, by failing to fully 
and timely implement the City's storm water management program, part of 
the City's NPDES permit. The United States sought injunctive relief and 
civil penalties to address the Clean Water Act violations, and civil 
penalties for miscellaneous violations at City-owned facilities of the 
Solid Waste Disposal Act, 42 U.S.C. 6901-6992k, also known as the 
Resource Conservation and Recovery Act (``RCRA'').
    Under the Consent Decree, the City will (i) pay a civil penalty of 
$800,000, (ii) spend at least $1.2 million on two supplemental 
environmental projects, (iii) hire and keep on staff specified numbers 
and kinds of employees to implement the City's storm water program, 
(iv) carry out inspections of industrial facilities, construction 
sites, and storm water outfalls at specified intervals, and (v) 
implement an environmental management system to twelve facilities.
    The first supplemental environmental project requires the City to 
spend at least $675,000 to construct a wetland, at least 60-acres in 
size, along the Trinity River downstream of Sylvan Avenue in the 
vicinity of the Pavaho pump station. Before beginning construction, the 
City must submit a detailed plan for review by the U.S. Environmental 
Protection Agency (``EPA''). The second project requires the 
installation of a small wetland near Cedar Creek, that, in conjunction 
with small biological treatment units, shall be designed to treat 
runoff from at least 15 acres of the Zoo. The treatment train will be 
designed to maximize the amount of treated water that can be used in 
drip irrigation at the Zoo and to safely discharge water not used in 
irrigation to Cedar Creek.
    The United States Department of Justice will receive for a period 
of thirty (30) days from the date of this publication comments relating 
to the Consent Decree. 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 Texas v. City of Dallas, D.J. Ref. 
No. 90-5-1-1-08359.
    During the public comment period, the Consent Decree may be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/open.html. 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 or e-
mailing a request to Tonia Fleetwood ([email protected]), fax 
number (202) 514-0097, phone confirmation number (202) 514-1547. If 
requesting from the Consent Decree Library a full copy of the Consent 
Decree including all its attachments, please enclose a check in the 
amount of $69.75 (25 cents per page reproduction cost) payable to the 
U.S. Treasury. If requesting a copy of the Consent Decree with all 
attachments except Appendix H (the City's Storm Water Management Plan) 
and I (February 2004 Compliance Order), please enclose a check in the 
amount of $19.75 payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-4582 Filed 5-16-06; 8:45 am]
BILLING CODE 4410-15-M