Notice of Lodging of Consent Decree Pursuant of Lodging of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant of Lodging of

Consent Decree Pursuant to the Clean Water Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v.

California Department of Transportation (S.D. Cal.) was lodged with the

United States District Court for the Southern District of California on

December 19, 1997. The proposed Consent Decree resolves the United

States' claims against California Department of Transportation

(Caltrans) for its failure to apply for and obtain a permit for

discharges from municipal storm sewers in San Diego County's urban

areas and to comply with the terms of a General Construction Activity

Storm Water Permit for stormwater discharges associated with industrial

activity at construction projects in San Diego County, all in violation

of Section 402(p) of the Clean Water Act, 33 U.S.C. 1342(p). The

alleged violation occurred at Caltrans' rights-of-way in San Diego

County, California. The proposed Consent Decree requires Caltrans to

(1) pay $430,000 in civil penalties, (2) perform a Supplemental

Environmental Project involving the purchase of a parcel of land

adjacent to the Tijuana Estuary and restoring it to a tidal wetland

condition, and (3) perform injunctive relief including adopting

appropriate measures to control its municipal sewer discharges,

complying with the terms of the California General Construction

Activity Storm Water Permit, and performing pilot projects to determine

the appropriateness of retrofitting its existing stormwater sewer

system to enhance stormwater quality.

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 for the Environment and Natural Resources Division,

U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044; and

refer to United States v. California Department of Transportation, DOJ

Ref. #90-5-1-1-4364.

The proposed settlement agreement may be examined at the Office of

the United States Attorney, Southern District of California, 880 Front

Street, Room 6293, San Diego, CA 92101-8893 and at the office of the

Environmental Protection Agency, 75 Hawthorne Street, San Francisco,

California 94105; and at the Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, DC 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, NW., 4th Floor, Washington, DC

20005. In requesting a copy please refer to the referenced case and

enclose a check in the amount of $18.75 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-387 Filed 1-7-98; 8:45 am]

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