[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Page 80427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31064]
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DEPARTMENT OF JUSTICE
Notice of Extension of the Public Comment Period Regarding
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 Northen 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.
On December 2, 2008, a Notice of Lodging was published informing
the public of the lodging of the Stipulated Orders and the 30 day
public comment period. 73 FR at 73,348. The public comment period was
to expire on January 1, 2009.
On December 23, 2008, the United States District Court for the
Northern Marina Islands granted an Order extending the public comment
period to January 31, 2009.
Therefore, the Department of Justice will continue to receive,
until January 31, 2009, 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, 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. E8-31064 Filed 12-30-08; 8:45 am]
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