[Federal Register Volume 73, Number 232 (Tuesday, December 2, 2008)]
[Notices]
[Page 73348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28486]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Stipulated Orders Under the Clean Water Act 
and the Safe Drinking Water Act

    Notice is hereby given that on November 19, 2008, two Stipulated 
Orders for Preliminary Injunctive Relief (``Stipulated Orders'') in 
United States v. Commonwealth Utilities Corporation and the 
Commonwealth of the Northern Mariana Islands, Civil Action No. 08-0051, 
were lodged with the United States District Court for the Commonwealth 
of the Northern Mariana Islands. The Commonwealth Utilities Corporation 
(``CUC'') is a public corporation that owns and operates the Agingan 
and Sadog Tasi Sewage Treatment Plants and associated wastewater 
collection and conveyance systems, public water systems, and power 
plants located in the Commonwealth of the Northern Mariana Islands 
(``CNMI'').
    The Complaint, which was filed concurrently with the lodging of the 
Stipulated Orders, alleges that CUC violated the Clean Water Act 
(``CWA''), 33 U.S.C. 1251-1387, as amended by the Oil Pollution Act, 33 
U.S.C. 2701-2762; and the Safe Drinking Water Act (``SDWA''), 42 U.S.C. 
300f-300j-26. In the Complaint, the United States seeks injunctive 
relief and civil penalties relating to CUC's wastewater, drinking 
water, and power operations. The Complaint joins CNMI as a statutory 
defendant under Section 309(e) of the CWA, 33 U.S.C. 1319(e). CNMI is 
also a signatory to the Stipulated Orders.
    Stipulated Order One is intended to ensure that CUC's wastewater 
and drinking water systems achieve compliance with the CWA and SDWA. 
The major components of Stipulated Order One are: ( 1) The reformation 
of CUC's management, finances, and operations; (2) the development of a 
wastewater and drinking water Master Plan; and (3) the construction of 
wastewater infrastructure. CUC is also required to take steps to comply 
with National Pollution Discharge Elimination System permits and 
compliance orders, comply with drinking water standards, and to 
eliminate spills from the wastewater system.
    Stipulated Order Two is intended to ensure that CUC's power plant 
facilities achieve compliance with the CWA. These requirements include 
requiring CUC to eliminate oil spills, implement appropriate spill 
prevention measures, implement effective inspection procedures for its 
oil storage facilities, provide containment for oil storage facilities 
and prepare appropriate operating plans.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Stipulated Orders. 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. Commonwealth Utilities Corporation and the 
Commonwealth of the Northern Mariana Islands, D.J. Ref. 90-5-1-1-08471.
    The Stipulated Orders may be examined at U.S. EPA Region IX at 75 
Hawthorne Street, San Francisco, California 94105. During the public 
comment period, the Stipulated Orders may also be examined on the 
following Department of Justice Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Stipulated Orders 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 $31.00 for Stipulated Order Number One and 
$21.25 for Stipulated Order Number Two (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.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-28486 Filed 12-1-08; 8:45 am]
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