Lodging of Settlement Agreement Pursuant to the Ocean Dumping Ban Act

DEPARTMENT OF JUSTICE

Lodging of Settlement Agreement Pursuant to the Ocean Dumping Ban

Act

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

hereby given that a Second Order Amending the Consent Decree in United

States and the State of New York v. Westchester County, et al.,

(S.D.N.Y.) 89 Civ. 5274 (WK), was lodged with the United States

District Court for the Southern District of New York.

The Second Order Amending the Consent Decree resolves claims for

stipulated penalties and enforcement of the original Consent Decree

that was entered into between the United States, the State of New York

and Westchester County, on August 7, 1989, and amended on January 3,

1992. Under the Second Order Amending the Consent Decree, lodged on

October 18, 1994, Westchester County will pay $200,000 in stipulated

penalties, and inter alia, assure beneficial use of 100% of its sludge

product until the year 2015, and improvement of its corrosion reduction

implemented under the Consent Decree and its amendments. The Consent

Decree and its amendments enforce the Ocean Dumping Ban Act, 33 U.S.C.

Sec. 1401 et seq. (``ODBA'').

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed amended 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 the State of New York v. Westchester County,

et al., DOJ Ref. #90-5-1-1-3501.

The proposed Second Order Amending the Consent Decree may be

examined at the United States Attorney's Office for the Southern

District of New York, 100 Church Street, 19th Floor, New York, NY

10007; the Region II Office of the Environmental Protection Agency, 26

Federal Plaza, New York, NY 10278; and the Consent Decree Library, 1120

G Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A

copy of the proposed Second Order Amending the Consent Decree may be

obtained in person or by mail from the Consent Decree Library, 1120 G.

Street, N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy

please refer to the referenced case and enclose a check in the amount

of $4.25 (25 cents per page reproduction costs), payable to the Consent

Decree Library.

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-26686 Filed 10-27-94; 8:45 am]

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