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

Federal RegisterFeb 19, 1998

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

In accordance with Department of Justice policy and 28 CFR 50.7,

notice is hereby given that on January 28, 1998, a proposed Consent

Decree in United States and The State of Indiana v. City of North

Vernon, Cause No. NA 96-34-C (D/H), was lodged in the United States

District Court for the Southern District of Indiana. The Complaint

filed by the United States and the State of Indiana alleged claims

under Section 309(b) and (d) of the Clean Water Act (``the Act''), 33

U.S.C. 1319(b) and (d), against the City of North Vernon, Indiana

(``North Vernon''), for violations of the terms and conditions of North

Vernon's National Pollutant Discharge Elimination System (``NPDES'')

permit, and for failing to comply with the terms of two Administrative

Orders issued by U.S. EPA. The Consent Decree requires Defendant North

Vernon to: (1) Comply with the Act and the terms of its current NPDES

permit; (2) implement a Corrective Action Plan designed to assure that

North Vernon will achieve and maintain compliance with the Act and the

permit; (3) pay the United States $30,000.00 and the State of Indiana

$20,000.00 in civil penalties; and (4) implement a Supplemental

Environmental Project, with estimated costs to North Vernon of

approximately $110,000.00.

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

days from the date of this publication comments concerning the proposed

Consent Decree. Comments should be addressed to the Assistant Attorney

General, Environment and Natural Resources Division, U.S. Department of

Justice, P.O. Box 7611, Ben Franklin Station, Washington, D.C. 20044,

and should refer to United States and State of Indiana v. City of North

Vernon, D.J. Ref. No. 90-5-1-1-4142.

The proposed Consent Decree may be examined at any of the following

offices: (1) The United States Attorney for the Southern District of

Indiana, 5th Floor, United States Courthouse, 46 East Ohio Street,

Indianapolis, IN 46204-1986 (contact Assistant United States Attorney

Thomas Kieper); (2) the U.S. Environmental Protection Agency, Region 5,

77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact

Assistant Regional Counsel Timothy Chapman); and at the Consent Decree

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, 202-

624-0892. Copies 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. 20005, telephone (202) 624-0892. For a copy

of the Consent Decree please enclose a check in the amount of $21.50

(25 cents per page reproduction costs) payable to Consent Decree

Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-4129 Filed 2-18-98; 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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