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

DEPARTMENT OF JUSTICE

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

Decree Under the Clean Water Act

Under 28 CFR 50.7, notice is hereby given that on September 28,

1998, a proposed Second Amendment to the May 24, 1994 Consent Decree

(``Second 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.

[[Page 52764]]

1251 et seq., against Wayne County, 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. On March 3, 1998, the

Court entered a Amendment to the 1994 Consent decree providing for,

among other things, the construction of an ultraviolet radiation

(``UV'') disinfection system to replace the current chlorination/

dechlorination facilities.

In the course of planning to build the UV system, the defendants

determined that they cannot continue to dechlorinate the Plant's

effluent while constructing the UV disinfection system, due to physical

space limitations at the Plant. Without dechlorinating, the Plant will

not meet its 0.5 mg/l total residual chlorine (``TRC'') limit. To

resolve this issue, the proposed Second Amendment would allow the Plant

to suspend compliance with its TRC limit during construction of the UV

disinfection system, but would require the Plant to implement an

Interim Chlorine Control Plan to minimize the use of chlorine while the

TRC limit is suspended, to ensure that the federal and state regulators

are kept informed regarding the plant's implementation of the Interim

Plan, and to keep potentially affected downriver communities informed

regarding the interim change in Wayne County's chlorine discharge

limit. The Second Amendment also provides for stipulated penalties for

failure to complete construction of the UV disinfection system on

schedule, to submit the required Interim Chlorine Control Plan, or to

submit required monthly reports regarding the Plan's implementation.

The court has directed the parties to seek entry of the proposed

Second Amendment on or before October 15, 1998. Accordingly, pursuant

to 28 CFR 50.7(c), the Department of Justice will receive for the

period ending October 12, 1998, at 5:00 p.m., comments relating to the

Second Amendment. 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 State of Michigan v. Wayne County et al., D.J. Ref.

90-5-1-1-2766.

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

States Attorney, Eastern District of Michigan, 211 W. Fort Street, Suit

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, N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A copy

of the Second Amendment may be obtained in person or by mail from the

Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,

D.C. 20005. In requesting a copy, please enclose a check in the amount

of $6.75 (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. 98-26307 Filed 9-30-98; 8:45 am]

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