Notice of Lodging of Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Water Act

Pursuant to 28 C.F.R. Sec. 50.7, notice is hereby given that on

June 26, 1998, a proposed Consent Decree in United States v. The

Municipality of Penn Hills, Civil Action No. 91-1334, was lodged with

the United States District Court for the Western District of

Pennsylvania.

The United States has asserted, in a civil complaint under the

Clean Water Act, 33 U.S.C. 1251 et seq., that Penn Hills violated

Section 301 of the Act, 33 U.S.C. Sec. 1311 and its NPDES permits,

issued pursuant to Section 402 of the Act, 33 U.S.C. Sec. 1342 by

discharging pollutants in excess of its permit limits and by

discharging raw sewage through unlawful bypasses within the collection

and treatment systems. The United States also alleged that Penn Hills

failed to properly dispose of sludge, failed to properly maintain and

operate its facilities, and failed to monitor and report, as required

in its NPDES permits.

Pursuant to Preliminary Injunction Orders issued by the Court

during the litigation of this matter, Penn Hills has connected three of

its collection systems to the ALCOSAN system, and has converted three

treatment plants to equalization basins. In addition, Penn Hills has

constructed additional equalization basins to collect hydraulic

overflows to eliminate the unlawful bypassing of raw sewage into the

rivers and tributaries of the Monongahela and Allegheny Rivers.

Under the proposed Consent Decree, Penn Hills shall monitor and

report any future unauthorized flows, shall monitor and report on the

usage of the equalization tanks, and shall make all necessary upgrades

to the Plum Creek collection and treatment system. Penn Hills shall

also pay a civil penalty of $525,000, with $300,000 to be paid to the

United States and $225,000 to be paid to the Commonwealth of

Pennsylvania. Finally, Penn Hills shall implement three Supplemental

Environmental Projects. The first requires Penn Hills to develop,

design, and build a Geographic Information system for the Penn Hills

sanitary sewer collection and conveyance system. The second requires

Penn Hills to perform street sweeping operations on a semi-annual

basis. The third requires Penn Hills to implement a household hazardous

waste collection and disposal program.

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 United States v.

The Municipality of Penn Hills, Civil Action No. 91-1334, D.J. Ref. 90-

5-1-1-3722.

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

States Attorney for the Western District of Pennsylvania, 633 Post

Office and Courthouse, 7th & Grant Streets, Pittsburgh, PA 15219; at

the Region III Environmental Protection Agency Library, Reference Desk,

United States Environmental Protection Agency, Region III, 841 Chestnut

Building, Philadelphia, PA 19107; 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 $15.25 (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. 98-18251 Filed 7-8-98; 8:45 am]

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