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

Notice is hereby given that a proposed consent decree in United

States v. Virgin Islands Water and Power Authority, Civil Action No.

89-09, was lodged on October 17, 1995 with the United States District

Court for the District of the Virgin Islands.

The complaint in this action was filed on January 11, 1989, against

the Virgin Islands Water and Power Authority (``VIWAPA''), pursuant to

Sections 309 (b) and (d) of the Clean Water Act (``Act''), 33 U.S.C.

1319 (b) and (d). The complaint sought penalties and injunctive relief

for discharges of pollutants from VIWAPA's Power Generation and

Desalting Facility on St. Croix and its Power Generation and Desalting

Facility on St. Thomas in violation of Section 301(a) of the Act, 33

U.S.C. 1311(a), and for violations of certain terms and conditions of

National Pollutant Discharge Elimination System (``NPDES'') permits

issued to VIWAPA by EPA pursuant to Section 402 of the Act, 33 U.S.C.

1342.

The proposed consent decree embodies an agreement by VIWAPA to pay

a civil penalty in the amount of $35,000, plus interest, in two

installments. Under the Decree, VIWAPA has agreed to pay $17,500 within

30 days of entry of the Decree and $17,500, plus interest, within six

months of the date of entry of the Decree. In addition, VIWAPA has

agreed to comply with all terms and conditions of its renewed NPDES

permits.

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 v. Virgin Islands Water and Power Authority, DOJ Ref. #

90-5-1-1-3209.

The proposed Consent Decree may be examined at the Region II Office

of the Environmental Protection Agency, 290 Broadway, New York, New

York, at the United States Attorney's Office located at the Federal

Building and U.S. Courthouse, Charlotte Amalie, St. Thomas, Virgin

Islands, and at the Consent Decree Library, 1120 G Street, NW., 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, NW., 4th Floor, Washington, D.C. 20005.

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

check in the amount of $2.75 payable to the Consent Decree Library.

Joel M. Gross,

Acting Section Chief, Environmental Enforcement Section.

[FR Doc. 95-26251 Filed 10-23-95; 8:45 am]

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