Notice of Lodging of Consent Decree Pursuant to the Safe Drinking Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Safe Drinking

Water Act

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

hereby given that on June 23, 1997, a proposed Consent Decree in United

States v. Town of Cheshire, Civil No. 97cv30141-MAP (D. Mass.), was

lodged with the United States District Court for the District of

Massachusetts resolving the matter. The proposed Consent Decree

concerns violations by the Town of Cheshire, Massachusetts, of the Safe

Drinking Water Act, 42 U.S.C. Sec. 300f, et seq., the National Primary

Drinking Water Regulations, 40 CFR Part 141, and the provisions of the

EPA Administrative Order issued to the Town on September 30, 1994. The

violations alleged in the complaint include the failure by the Town to

install filtration treatment (or to switch to use of a groundwater

source not under the direct influence of surface water) within 18

months, i.e., by June 29, 1993, as required by the Surface Water

Treatment Rule (the ``SWTR''), Section 1412(b)(7), 42 U.S.C. Sec. 300g-

1(b)(7), and 40 CFR Sec. 141.70-141.75; the failure to comply with the

turbidity requirements of the SWTR, 40 CFR Sec. 141.71(c)(2); the

failure to comply with monitoring and reporting requirements at 40 CFR

Secs. 141.74, 141.75, and the failure to comply with public

notification requirements at 40 CFR Secs. 141.32(a)(1) (i) and (ii) and

141.31(d).

Under the terms of the Consent Decree, the defendant will pay a

total civil penalty of $18,500 for its past violations. In addition,

the Consent Decree requires the Town to design and construct a new

gravel-packed well to supply drinking water to the users of its public

system and to comply with all applicable federal and state drinking

water laws and regulations in accordance with an expeditious schedule.

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, Washington, D.C. 20530, and should refer to

United States v. Town of Cheshire, D.J. Ref. 90-5-1-1-4361.

The proposed Consent Decree may be examined at the Region 1 Office

of the Environmental Protection Agency, One Congress Street, Boston,

Massachusetts.

[[Page 39876]]

Copies of the Consent Decree may be examined at the Environmental

Enforcement Section Document Center, 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 Document Center.

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

check in the amount of $17.75 (25 cents per page reproduction cost for

the Consent Decree excluding Appendices) made payable to Consent Decree

Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section.

[FR Doc. 97-19432 Filed 7-23-97; 8:45 am]

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