Notice of Lodging of Consent Decree Under the Clean Water Act and the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Water Act and

the Clean Air Act

Under 28 CFR 50.7 notice is hereby given that on April 8, 1998, a

proposed Consent Decree (``Decree'') in United States and League of

Women Voters of

[[Page 26826]]

New Orleans, et al. v. Sewerage & Water Board of New Orleans, et al.,

Civil Action No. 93-3212, was lodged with the United States District

Court for the Eastern District of Louisiana.

In this action the United States sought civil penalties and

injunctive relief for violations of the Clean Air Act and the Clean

Water Act that occurred at the East Bank Sewage Treatment Plant and its

collection system in New Orleans, Louisiana. The League of Women

Voters, Lake Ponchartrain Basin Foundation, Orleans Audubon Society,

and Louisiana Environmental Action Network also were Plaintiff-

Intervenors in this action, and the State of Louisiana was a statutory

Defendant.

Under the Decree, the Sewerage & Water Board of New Orleans

(``Board'') and the City of New Orleans agreed to perform Clean Water

Act remedial measures, estimated at more than $200 million, including

renovating the sewer collection system, implementing a preventive

maintenance program, improving reporting procedures for unauthorized

discharges from the sewer collection system, implementing a response

action plan when sewage is discharged, and conducting storm sewer

monitoring. The Board agreed to Clean Air Act remedial measures

contained in the Operation and Maintenance Plan for the Fluidized Bed

Incinerator at the East Bank Sewage Treatment Plant. The Board also

agreed to pay a civil penalty of $1.5 million and to perform a $2

million Supplemental Environmental Project that creates wetlands and a

vegetative buffer at an abandoned local beach area. The Decree does not

resolve the contingent liability of the State under Section 309(e) of

the Act, 33 U.S.C. 1319(e).

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

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

League of Women Voters of New Orleans, et al. v. Sewerage & Water Board

of New Orleans, et al., D.J. Ref. No. 90-5-1-1-4032.

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

Attorney, Hale Boggs Building, Room 210, 501 Magazine Street, New

Orleans, Louisiana, 70130, at U.S. EPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202, and at the Consent Decree Library, 1120 G Street,

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

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 indicate whether you want the text of the

Decree only, the Decree with all attachments (except oversize maps) in

black and white, or the Decree with all attachments (except oversize

maps) in color. Enclose a check in the amount of $15,75 for the text of

the Decree only, $527.00 for the Decree with all attachments (except

oversize maps) in black and white, $785.00 for the Decree with all

attachments (except oversize maps) in color, payable to the Consent

Decree Library. Reproduction costs are 25 cents per page for normal

pages and $1.15 per page for color copies. For copies of the oversize

maps, please add on additional $325.000 to the total amount.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-12790 Filed 5-13-98; 8:45 am]

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