[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Pages 4761-4762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1699]



Notice of Lodging of Stipulated Order for Preliminary Relief 
Under the Clean Water Act

    Notice is hereby given that on January 15, 2009, the United States 
Department of Justice, on behalf of the U.S. Environmental Protection 
Agency (``EPA'') and the People of the State of California ex. rel. 
California State Water Resources Control Board and California Regional 
Water Quality Control Board, San Francisco Region (the ``State''), 
lodged with the United States District Court for the Northern District 
of California a stipulated order for preliminary relief with defendant 
East Bay Municipal Utility District (``EBMUD'') in the case of United 
States et al. v. East Bay Municipal Utility District (cv-09-0186). On 
the same day, the United States and the State filed a Complaint 
pursuant to the federal Clean Water Act, 33 U.S.C. 1319 and California 
Water Code Sections 13376, 13385 and 13386. Under the stipulated order, 
EBMUD shall perform various studies and take a number of interim steps 
aimed at the ultimate cessation of discharges from its three wet 
weather facilities. These facilities discharge partially treated sewage 
into the San Francisco Bay when wet weather flows exceed the capacity 
of EBMUD's treatment plant.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
stipulated order. 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 the stipulated order between the United States, the State of 
California and EBMUD, DOJ Ref. No. 90-5-1-1-09361.
    The proposed stipulated order may be examined at the office of the 
United States Attorney, 450 Golden Gate Ave., 11th Floor, San 
Francisco, CA 94102 and at EPA's office, 75 Hawthorne Street, San 
Francisco, CA 94105. During the public comment period, the Settlement 
Agreement may also be examined on the following Department of Justice 
Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of 
the Settlement Agreement may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
D.C. 20044-7611 or by faxing or e-mailing a

[[Page 4762]]

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 $11.50 (25 cents per page reproduction cost) payable to the 
U.S. Treasury or, if by email 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. E9-1699 Filed 1-26-09; 8:45 am]