Notice of Lodging of Consent Decree Under the Safe Drinking Water Act

Federal RegisterJun 9, 1998

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Safe Drinking Water

Act

In accordance with Department of Justice policy, 28 C.F.R. 50.7,

notice is hereby given that on May 20, 1998, a proposed Consent Decree

in United States and State of New York v. City of New York and New York

Department of

[[Page 31526]]

Environmental Protection, Civil Action No. CV 97-2154 (Gershon, J.)

(Gold, M.J.), was lodged with the United States District Court for the

Eastern District of New York.

In this action against the City, in which the State intervened, the

United States sought a court order requiring the City to come into

compliance with the Safe Drinking Water Act, 42 U.S.C. 300f, et seq.,

and the Surface Water Treatment Rule, a National Primary Drinking Water

Regulation, by installing filtration treatment for its Croton Water

Supply System. Under the Consent Decree, the City is obligated to

install filtration by constructing filtration facilities no later than

September 2006, with full operation of the facilities in compliance

with the Surface Water Treatment Rule, by no later than March 2007. The

Consent Decree sets forth a schedule for meeting these deadlines,

including timetables for the City to select a site(s) for the

facilities in accordance with state environmental review procedures.

Under the Consent Decree, the City is also obligated to monitor the

quality of the drinking water supply until filtration is installed, and

take other measures to protect the Croton Watershed. In addition, the

City will pay a civil penalty of $1 million, and will spend $5 million

on environmentally beneficially projects that protect the Croton

Watershed and that may include projects within the community or

communities where the filtration facilities will be constructed to

mitigate or offset any potential environmental impacts on the

community.

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

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, D.C. 20530, and should refer to Civil Action No.

CV 97-2154 and D.J. Ref. 90-5-1-1-4429.

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

States Attorney for the Eastern District of New York, One Pierrepont

Plaza, 14th Floor, Brooklyn, New York 11201, at U.S. EPA

Region 2, 290 Broadway, New York, New York 10271 and at the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 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, N.W., 4th

Floor, Washington, D.C. 20005.

In requesting a copy, please enclose a check in the amount of

$18.00 (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. 98-15211 Filed 6-8-98; 8:45 am]

BILLING CODE 4410-15-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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