Notice of Lodging of Consent Decree

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Notice is hereby given that on July 13, 1998 a proposed Consent

Decree in Upper Chattahoochee Riverkeeper Fund, Inc., The Chattahoochee

Riverkeeper, Inc., and W. Robert Hancock, Jr. v. The City of Atlanta,

Georgia, Civil Action No. 1:95-CV-2550-TWT and United States of America

and State of Georgia v. City of Atlanta, Civil Action 1:98-CV-1956-TWT

(CONSOLIDATED) was lodged with the United States District Court for the

Northern District of Georgia. This Consent Decree represents a

settlement of claims against the City of Atlanta, Georgia under Section

309 (b) and (d) of the Clean Water Act, 33 U.S.C. 1319 (b) and (d).

Under this settlement between the Citizen Plaintiffs, United

States, the State and the City, the City will be required to undertake

extensive rehabilitation to its Combined Sewer Overflow systems (CSOs).

The consent decree also provides for the recovery of a civil penalty of

$2,500,000 to be paid by the City. The penalty shall be paid as

follows: within thirty (60)??? days after the consent decree is entered

by the Court, the City shall pay $500,000 to the United States, and

$500,000 to the State of Georgia, on or before the one year anniversary

of the Date of Entry, the City shall pay $750,000 to the United States

and $750,000 to the State of Georgia. In addition, the consent decree

requires the City to undertake the implementation of a Supplemental

Environmental Project (``SEP''). The SEP involves the acquisition of

riparian properties or ``greenways'' for the purpose of reducing or

eliminating non-point source pollution into the Chattahoochee and South

Rivers and or their tributaries. The City shall also be required to

undertake a cleanup of the Combined Sewer Overflow stream beds. A

secondary benefit of the SEP shall be to protect, restore, and enhance

aquatic and stream corridor habitats of the river systems.

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

days from the date of this publication comments relating to the

proposed 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 of America and State of Georgia v. City of Atlanta,

Georgia, Civil Action No. 1:98-CV-1956-TWT (CONSOLIDATED), D.J. Ref.

90-5-1-1-4430.

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

United States Attorney, Northern District of Georgia, 1800 United

States Courthouse, 75 Spring Street, S.W., Atlanta, Georgia 30335 and

at Region 4, Office of the Environmental Protection Agency, Water

Programs Enforcement Branch, Water Management Division, Atlanta Federal

Center, 61 Forsyth Street S.W., Atlanta, Georgia 30303-3104, and at the

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

D.C. 20005, (202) 624-0892. A copy of the proposed 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. In requesting a copy,

please enclose a check in the amount of $29.25 (25 cents per page

reproduction cost) payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-19735 Filed 7-23-98; 8:45 am]

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