Notice of Lodging of Consent Decree Under the Clean Water Act

Federal RegisterAug 12, 1997

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Water Act

Under 28 CFR Sec. 50.7, notice is hereby given that on August 1,

1997, a proposed consent decree in United States v. Puerto Rico

Aqueduct and Sewer Authority, et al., Civil No. 96-2489, was lodged

with the United States District Court for the District of Puerto Rico.

In this action, the United States sought civil penalties and

injunctive relief from the Puerto Rico Aqueduct and Sewer Authority

(``PRASA'') because its Mayaguez Regional Wastewater Treatment Plant

(``Mayaguez WWTP''), in Mayaguez, Puerto Rico, continuously violated

the effluent limitations of its National Pollutant Discharge

Elimination System (``NPDES'') permit since 1987 and violated

monitoring and reporting requirements for nitrogen and sulfide since

1992. The Commonwealth of Puerto Rico is a defendant in this action

pursuant to Section 309(e) of the Clean Water Act, 33 U.S.C.

Sec. 1319(e). Mayaguezanos por la Salud y el Ambiente intervened as a

plaintiff in this action on April 8, 1997.

The consent decree resolves the United States' claims against

PRASA. PRASA will pay $150,000 in civil penalties. In addition, PRASA

will perform injunctive relief, including: (1) Constructing secondary

treatment facilities and any other treatment facilities necessary to

achieve compliance with NPDES Permit No. PR0023795 or its successor

permit or, if authorized by Congress and EPA, constructing facilities

to extend the discharge point for the Mayaguez WWTP from its present

location in Mayaguez Bay to a point farther out to sea; (2) complying

with interim effluent limitations; (3) limiting new sewer connections

to the Mayaguez WWTP; and (4) paying $400,000 over three years to the

Mayaguez Watershed Initiative in order to develop and implement a

comprehensive watershed management plan for the Mayaguez Watershed.

The Department of Justice will receive for a period of sixty (60)

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

decree. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, DC 20530, and should refer to United States v.

Puerto Rico Aqueduct and Sewer Authority, et al., D.J. Ref. 90-5-1-1-

4233.

The consent decree may be examined at the Office of the United

States Attorney, District of Puerto Rico, Federal Office Building, 150

Carlos E. Chardon Avenue, Hato Rey, Puerto Rico 00918; at the United

States Environmental Protection Agency--Region II, 290 Broadway, New

York, New York 10007; and at the Consent Decree Library, 1120 G Street

NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of the

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 enclose a check in the amount of $8.00 (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-21236 Filed 8-11-97; 8:45 am]

BILLING CODE 4410-15-M

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