Notice of Lodging of First Amendment to May 24, 1994 Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of First Amendment to May 24, 1994 Consent

Decree Under the Clean Water Act

Under 28 CFR 50.7, notice is hereby given that on October 28, 1997,

a proposed First Amendment to the May 24, 1994 Consent Decree

(``Amendment'') in United States and State of Michigan v. Wayne County

et al., Civil Action No. 87-70992, was lodged with the United States

District Court for the Eastern District of Michigan.

The United States and the State of Michigan asserted claims in this

case under the Clean Water Act, 33 U.S.C. 1251 et seq., against Wayne

County,

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Michigan, and 13 addition municipalities that send wastewater to the

Wayne's Treatment Plant (the ``Plant''). The case was resolved in 1994

by a Consent Decree pursuant to which defendants agreed to attain and

maintain compliance with the Plant's National Pollutant Discharge

Elimination System permit limits and to comply with Decree-mandated

interim limits during construction of Plant and collection-system

improvements. Defendants further agreed to complete capital

improvements needed at the Plant and in its collection system. The

capital-improvements project, detailed in a 1993 Project Plan

incorporated by reference in the 1994 Decree, included steps to

achieve: the removal of improper infiltration-and-inflow; the

improvement of transport and storage capacity in the Plant's wastewater

collection system by constructing retention-equalization basins and an

underground tunnel for storage and transport of untreated wastewater;

and the upgrade the Plant's facilities to ensure that all flows meet

Permit-mandated limits.

Since entry of the Consent Decree in 1994, defendants have

submitted studies, plans, and design documents required by the 1994

Consent Decree to the U.S. Environmental Protection Agency and the

Michigan Department of Environmental Quality. These documents contain

recommendations for changes in the design of certain components of the

work required by the 1994 Consent Decree, including: the modification

of the wastewater storage and transport tunnel required by the original

decree; further improvements in Plant treatment capacity; further study

and design work prior to commencement of construction of a detention

basin required by the 1994 Decree, referred to as the Eureka Basin,

intended to eliminate sewer overflows and backups in the Plant's

collection system above the proposed basin; and construction of a new

connecting conduit, rather than a new Plant outfall, that would convey

excess flows from the Plant to another treatment plant for treatment

and discharge. The Amendment, if approved by the Court, would modify

the injunctive relief provisions of the 1994 Decree to reflect these

changes to the 1993 Project Plan. In all other respects, the 1994

Decree would remain the same.

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

days from the date of this publication comments relating to the

Amendment. 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 and

State of Michigan v. Wayne County et al., D.J. Ref. 90-5-1-1-2766.

The Amendment may be examined at the Office of the United States

Attorney, Eastern District of Michigan, 211 W. Fort Street, Suite 2300,

Detroit, MI 48226, at U.S. EPA Region 5, 77 West Jackson Blvd.,

Chicago, Illinois, 60604, and at the Consent Decree Library, 1120 G

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

the Amendment 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 $8.50 (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-30588 Filed 11-20-97; 8:45 am]

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