DEPARTMENT OF JUSTICE

INTERSTATE COMMERCE COMMISSION

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States and

Commonwealth of Pennsylvania v. Delaware Regional Water Quality Control

Authority, Civil Action No. 91-2787, was lodged on May 24, 1994 with

the United States District Court for the Eastern District of

Pennsylvania.

The Consent Decree concerns violations of the Federal Water

Pollution Control Act (also known as the ``Clean Water Act''), 33

U.S.C. 1251 et seq., and the Pennsylvania Clean Streams Law, 35 P.S.

Sec. 691.2 et seq., at the defendant's publicly-owned municipal and

residential wastewater treatment plant located in Chester,

Pennsylvania.

The complaint in this action alleged that, from 1986-91, the

defendant discharged pollutants into the Delaware River in excess of

several of the effluent limitations established in its National

Pollutant Discharge Elimination system (``NPDES'') permit; discharged,

on several occasions, untreated wastewater into tributaries of the

Delaware River; failed to operate all of its facilities and equipment

as required by its permit; and failed to comply with certain sampling

and reporting requirements of its permit. The proposed Consent Decree

requires defendant to comply fully with all terms and conditions of its

NPDES permit, to construct and operate an additional secondary

clarifier at its plant by May 1, 1997, and to pay a civil penalty of

$350,000, plus interest that has accrued on that sum since May 1992.

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 for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States and Commonwealth of Pennsylvania v. Delaware Regional

Water Quality Control Authority (E.D. Pa.), DOJ Ref. #90-5-1-1-3445.

The proposed consent decree may be examined at the office of the

United States Attorney, 615 Chestnut Street, suite 1300, Philadelphia,

Pennsylvania 19106; the Region III Office of the Environmental

Protection Agency, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; and at the Consent Decree Library, 1120 G Street NW., 4th Floor,

Washington, DC 20005, (202) 624-0892. A copy of the proposed consent

decree may be obtained in person or by mail from the Consent Decree

Library, 1120 G Street NW., 4th Floor, Washington, DC 20005. In

requesting a copy please refer to the referenced case and enclose a

check in the amount of $6.75 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-13953 Filed 6-8-94; 8:45 am]

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