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

DEPARTMENT OF JUSTICE

Notice of Lodging of Modified Consent Decree Pursuant to the

Clean Water Act

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

hereby given that a proposed Modified Consent Decree in United States

v. City of Hindman, Kentucky, and the Commonwealth of Kentucky, Civil

Action No. 89-39 was lodged on March 26, 1996, with the United States

District Court for the Eastern District of Kentucky, Pikeville

Division. This Modified Consent Decree replaces a Consent Decree

previously entered in this matter on May 18, 1989. The 1989 Consent

Decree resolved the United States' claims alleging violations of the

Clean Water Act, 33 U.S.C. 1251 et seq., and its implementing

regulations, and provided for a civil penalty and injunctive relief.

The Modified Consent Decree obligates the City to construct a

wastewater treatment facility (the ``facility'') to insure consistent

compliance by the City with its NPDES Permit. The City has also agreed

to pay $1,000.00 in stipulated penalties for violations of the 1989

Consent Decree.

The Modified Consent Decree sets forth a schedule to begin

construction of the facility by July 1, 1996, complete construction of

the facility by December 1, 1996, and achieve and maintain continuous

compliance with all NPDES permit effluent limitations by March 1, 1997.

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

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

proposed Modified Consent Decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, DC 20530, and should refer

to United States v. City of Hindman, Kentucky, et al., DOJ Ref. #90-5-

1-1-2928A.

The proposed Modified Consent Decree may be examined at the Office

of the United States Attorney, Eastern District of Kentucky, 110 W.

Vine St., Suite 400, Lexington, Kentucky 40507; Office of the U.S.

Environmental Protection Agency, Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia 30365; and at the Consent Decree Library, 1120 G

Street, NW., Washington, DC 20005, 202-624-0892. A copy of the proposed

Modified 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 $6.25 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-9122 Filed 4-11-96; 8:45 am]

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