Notice of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Consent Decree Pursuant to the Clean Water Act

In accordance with Departmental Policy and 28 CFR 50.7 notice is

hereby given that a proposed Agreement And Order Regarding Modification

Of The December 23, 1988 Modified Consent Decree (hereafter referred to

as ``the Proposed Agreement And Order'') in United States v City of

Baton Rouge, et al., Civil Action No. 88-191A, was lodged in the United

States District Court for the Middle District of Louisiana on May 28,

1997. The proposed Agreement and Order (1) modifies certain injunctive

relief and stipulated penalties provisions of the December 23, 1988

Modified Consent Decree and (2) settles the United States' claim for

stipulated penalties which have been incurred or would have been

incurred under the December 23, 1988 Modified Consent Decree in

connection with Baton Rouge's failure to meet the construction schedule

for the North Treatment Plant between January 1, 1997 and July 31,

1998.

Under the terms of the proposed Agreement and Order, the City of

Baton Rouge is required to complete by July 31, 1998 construction of

all improvements necessary to (a) achieve full secondary treatment and

(b) to attain compliance with all aspects of National Pollutant

Discharge Elimination System permit No. LA0036439 issued to the city of

Baton Rouge with effective date November 1, 1996 (hereafter referred to

as ``the NPDES permit''). The City of Baton Rouge is also required to

comply with the effluent limits set forth in the NPDES permit. Finally,

under the proposed Agreement and Order, the City of Baton Rouge is

required to pay a penalty of one hundred forty thousand dollars

($140,000).

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

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

the proposed Consent Decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resource

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States versus City of Baton Rouge, et al., DOJ No. 90-

5-1-1-2769.

The proposed Consent Decree may be examined at the Region 6 Office

of the U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas,

Texas 75202 and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202) 624-0892. Copies of 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 enclose a check in the amount of $2.00 for a

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

Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-14928 Filed 6-6-97; 8:45 am]

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