[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Page 41052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6343]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Under 28 CFR 50.7, notice is hereby given that on July 6, 2006, a 
Consent Decree in the matter of United States and the State of Ohio v. 
City of Fostoria, Ohio, Civil Action No. 3:06-cv-1626, was lodged with 
the United States District Court for the Northern District of Ohio, 
Western Division.
    In the complaint in this matter, the United States sought 
injunctive relief and penalties against the City of Fostoria 
(``Fostoria'') for claims arising under the Clean Water Act, 33 U.S.C. 
1251 et seq., in connection with Fostoria's wastewater treatment plant 
(``WWTP'') and its sewerage collection system. The State of Ohio joined 
the action. Under the Consent Decree, Fostoria will submit a long-term 
control plan by no later than January 31, 2008, and must implement the 
actions required in the approved long-term control plan by no later 
than December 31, 2025. In addition, Fostoria is required to, inter 
alia: (1) Properly operate and maintain Combined Sewer Overflow 
(``CSO'') automatic samplers and flow monitors; (2) develop and 
implement operation and maintenance manuals for the WWTP and sewer 
system; (3) inspect and clean its sewer system; (4) properly operate 
and maintain a primary overflow containment lagoon at the WWTP; (5) 
evaluate industrial user discharges to minimize their impact during wet 
weather; (6) engage in a continuing sampling program to verify that the 
discharges from a CSO outfall during dry weather are not the result of 
sanitary wastewater; (7) comply with interim effluent limits for total 
suspended solids and carbonaceous biochemical oxygen demand; and (8) 
comply with final effluent limits for all remaining pollutants. 
Fostoria also will pay a civil penalty of $30,000, one-half of which 
will be paid to the United States and the other half of which will be 
paid to the State of Ohio.
    The 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 the State of Ohio v. City of Fostoria, Ohio, D.J. 
Ref. No. 90-5-1-1-08204.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Four Seagate, Suite 308, Toledo Ohio 43604-2624, and 
at U.S. EPA Region 5, 77 W. Jackson St., Chicago, IL 60604. 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 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. In requesting a copy 
from the Consent Decree Library, please enclose a check in the amount 
of $28.25 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-6343 Filed 7-18-06; 8:45 am]
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