[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Notices]
[Pages 27580-27581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11654]


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DEPARTMENT OF JUSTICE


Notice of Lodging of the Consent Decree Under the Clean Water Act

    Notice is hereby given that on May 3, 2010, a proposed Consent 
Decree in United States v. Puerto Rico Aqueduct and Sewer Authority 
(``PRASA''), Civil Action No. 3:10-cv-01365 (SEC) was lodged with the 
United States Court for the District of Puerto Rico.

[[Page 27581]]

    The proposed Consent Decree resolves PRASA's violations of the 
Clean Water Act, 33 U.S.C. 1251 et seq. (the ``CWA'') and the Safe 
Drinking Water Act, 42 U.S.C. 300f et seq., (the ``SDWA''), and 
penalties and injunctive relief from PRASA. Specifically, the Consent 
Decree resolves PRASA's violations of the National Primary Drinking 
Water Regulations (``NPDWRs'') set forth in Section 1412 of the SDWA, 
42 U.S.C. 300g, and its implementing regulations, 40 CFR Part 141, as a 
result of its failure to comply with the Surface Water Treatment Rule 
(``SWTR''), at three Water Treatment Plants (``WTPs'') owned and/or 
operated by PRASA. The Decree also resolves PRASA's violations for 
failing to comply with the CWA by discharging pollutants without a 
permit at 19 WTPs, in violation of Section 301(a) of the Act, 33 U.S.C. 
1311(a), and/or failing to comply with the terms of National Pollutant 
Discharge Elimination System (``NPDES'') permits issued to it by EPA 
pursuant to Section 402 of the Act, 33 U.S.C. 1342, for at least 102 
WTPs owned and/or operated by PRASA.
    Under the Consent Decree, PRASA will implement water treatment 
plant improvement projects over the next 15 years valued at $195 
million. These projects are divided into three phases of short term, 
mid-term, and long term Capitol Improvement Projects to rectify the CWA 
violations at 126 WTPs owned and operated by PRASA. The Consent Decree 
requires such projects as installing dechlorination equipment, high 
level indicators and flow meters; relocating sampling points; and 
constructing new sludge treatment systems. 34 Sludge Treatment Systems 
will be built at WTPs that are currently discharging untreated sludge 
into local waterways. The Consent Decree also requires PRASA to conduct 
capacity evaluations of its sludge treatment systems at approximately 
50 WTPs, train operators, institute Standard Operating Procedures, and 
implement an Integrated Preventive Maintenance Program, as well as 
perform other tasks to achieve compliance with the CWA. PRASA will also 
pay a civil penalty of $1,024,267 and perform a Supplemental 
Environmental Project valued at $2,540,000.
    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, 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. PRASA, civil action number 3:10-cv-01365 (SEC) 
(D.P.R.), DOJ Case No. 90-5-1-1-08385/2.
    During the public comment period, the Consent Decree may be 
examined at the Office of the United States Attorney, District of 
Puerto Rico, Torre Chardon, Suite 1201, 350 Chardon Avenue, San Juan, 
Puerto Rico 00918. The Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.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 
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 $10.85 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resource Division.
[FR Doc. 2010-11654 Filed 5-14-10; 8:45 am]
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