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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-24961

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 10, 1995
- **Citation:** 60 FR 52690

## Text

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]

BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-24961. Public record. Not legal advice.