[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Page 32864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2931]



[[Page 32864]]

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DEPARTMENT OF JUSTICE


Notice of Filing of Consent Decree Between the United States, the 
Commonwealth of Pennsylvania Department of Environmental Protection, 
the Allegheny County Health Department, and the Allegheny County 
Sanitary Authority To Resolve Certain Alleged Violations of the Clean 
Water Act

    Notice is hereby given that on May 31, 2007, the United States 
filed with the United States District Court for the Western District of 
Pennsylvania, in Case No. 07-737, a proposed Consent Decree to resolve 
certain claims of the United States, the Commonwealth of Pennsylvania 
Department of Environmental Protection (``PADEP''), and the Allegheny 
County Health Department (``ACHD'') against the Allegheny County 
Sanitary Authority (``Alcosan'') under Sections 301 and 402 of the 
Clean Water Act, 33 U.S.C. 1311, 1342, and other related state and 
local authorities. In this action, the United States alleges that 
Alcosan violated the Clean Water Act by discharging pollutants into 
waters of the United States without a permit, and by discharging 
pollutants in a manner not contemplated by its National Pollutant 
Discharge Elimination System (``NPDES'') permit. These violations 
occurred primarily during wet weather, which causes Alcosan's system to 
quickly overload and to discharge through a network of over 300 
outfalls that run along three main rivers in the area--the Allegheny, 
Ohio, and Monogahela Rivers. The United States, PADEP, and ACHD seek 
injunctive relief and the payment of civil penalties to redress these 
alleged violations.
    The proposed Consent Decree is designed to promote a coordinated 
regional approach to the wet weather discharge from Alcosan's system. 
It requires Alcosan to develop and submit a long-term plan, in 
coordination with the 83 municipalities that contribute flows to 
Alcosan's system, to control the wet weather discharges from its system 
and to ensure compliance with its NPDES permit and the Clean Water Act. 
The proposed Consent Decree also requires Alcosan to pay a civil 
penalty to the Plaintiffs of $1.2 million, and to undertake at least 
$3.0 million in supplemental environmental projects.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Allegheny County Sanitary Authority, D.J. 
Ref. No. 90-5-1-1-4414.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Western District of Pennsylvania, 633 Post 
Office & Courthouse, 7th and Grant Streets, Pittsburgh, Pennsylvania 
15219, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. 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/Consent_Decrees.html. In 
addition, a copy of the proposed Consent Decree may also be obtained 
from the Justice Department's Consent Decree Library 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 of the Consent Decree from the Consent Decree 
Library, please enclose a check in the amount of $65.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or if by e-mail or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Ellen Mahan,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-2931 Filed 6-13-07; 8:45 am]
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