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

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

hereby given that on July 28, 1997, a consent decree was lodged in

United States v. City of Erie et al., Civil Action No. 94-281E with the

United States District Court for the Western District of Pennsylvania.

This consent decree resolves claims against the City of Erie and

the Erie Sewer Authority (jointly ``Erie'') brought pursuant to

sections 309 (b) and (d) of the Clean Water Act (the ``Act''), 33

U.S.C. 1319 (b) and (d), for civil penalties and injunctive relief for

failure to comply with effluent limits and pretreatment requirements.

Pursuant to the terms of the Consent Decree, Erie has agreed to come

into full compliance with the Act, pay a civil penalty of $200,000, and

perform two Supplemental Environmental Projects (``SEPs''). The first

SEP involves separating approximately 5000 feet of combined sewer lines

and replacing them with separate sanitary and storm water sewer lines,

which will result in a reduction of pollutants entering receiving

waters and will ensure the closure of one discharge point. The second

SEP entails installing upgraded air pollution control equipment and

replacing old scrubbers on the Erie's sewage sludge incinerators, and

will result in a reduction of particulate emissions and stack opacity

beyond the Standards of Performance already required to be met by

sewage sludge incinerators. The combined cost of these two SEPs is

estimated to be at least $6.25 million.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General, Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. City of Erie et al., DOJ Ref. No. 90-5-1-1-5064. The proposed

consent decree may be examined at the office of the United States

Attorney, Western District of Pennsylvania, 633 U.S. Post Office and

Courthouse, 7th Avenue and Grant Street, Pittsburgh, Pennsylvania.

Copies of the consent decree may also be examined and obtained by mail

at the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005 (202-624-0892) and the offices of the

Environmental Protection Agency, Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107. When requesting a copy by mail,

please enclose a check in the amount of $6.75 (twenty-five cents per

page reproduction costs) payable to the ``Consent Decree Library.''

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-21062 Filed 8-8-97; 8:45 am]

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