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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice

is hereby given that on September 29, 1995, a proposed Consent Decree

in United States, et al. v. Borough of Plum, et al., Civil Action No.

93-370, was lodged with the United States District Court for the

Western District of Pennsylvania.

The complaint, filed by the United States on March 11, 1993, seeks

injunctive relief and civil penalties under Section 309 of the Clean

Water Act, 33 U.S.C. 1319. The Commonwealth of Pennsylvania intervened

in the action as a plaintiff. The plaintiffs' complaints allege that

the Borough of Plum and the Plum Borough Municipal Sewer Authority (now

known as the Plum Borough Municipal Authority) violated the Clean Water

Act and the Pennsylvania Clean Streams Law by, among other things,

discharging raw sewage into Abers Creek, discharging from the Holiday

Park Sewage Treatment Plant in violation of a discharge permit, and

improperly operating and maintaining the Holiday Park Sewage Treatment

Plant.

Under this Consent Decree, both defendants will pay a civil penalty

of $180,000 for their past violations. In addition, the Plum Borough

Municipal Authority will implement appropriate injunctive relief,

including the construction of equalization tanks that will retain raw

sewage so that it can be treated and discharged from the Holiday Park

Sewage Treatment Plant rather than discharged directly into Abers

Creek.

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 of the Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044, and should refer to United States, et al. v. Borough of

Plum, et al., DOJ Ref. #90-5-1-1-3960.

The Consent Decree may be examined at the Office of the United

States Attorney for the Western District of Pennsylvania, 14th Floor

Gulf Tower, 7th Avenue & Grant Street, Pittsburgh, Pennsylvania 15219;

U.S. Environmental Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 199107; and at the Consent Decree Library,

1120 ``G'' Street, N.W., 4th Floor, Washington, D.C. 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, N.W., 4th

Floor, Washington, D.C. 20005. In requesting a copy, please refer to

the referenced case and number, and enclose a check in the amount of

$12.00 (25 cents per page reproduction costs), payable to the Consent

Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-24961 Filed 10-6-95; 8:45 am]

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