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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

Under 28 CFR 50.7, notice is hereby given that on April 14, 1999, a

proposed consent decree in United States v. WCI Steel, Inc., Civil

Action No. 4:95 CV 1442, was lodged with the United States District

Court for the Northern District of Ohio.

In this action, the United States sought injunctive relief and

civil penalties under section 309(b) and (d) of the Clean Water act

(``the Act''), 33 U.S.C. 1319(b) and (d), against WCI Steel, Inc.

(``WCI'') for violations of section 301 of the Act, 33 U.S.C. 1311, and

the terms and conditions of WCI's National Pollutant Discharge

Elimination System (``NPDES'') permits at WCI's Warren, Ohio, steel

mill. Specifically, the Complaint alleges that WCI repeatedly violated

various effluent limitations in each of its three permits over the past

several years, as evidenced by WCI's self-monitoring reports, and that

numerous unpermitted discharges at both permitted outfalls and

unpermitted point sources have occurred. In addition, WCI has allegedly

violated various monitoring, sampling, and reporting requirements

during the past several years.

The proposed Clean Water Act consent decree provides for injunctive

relief consisting of an evaluation of WCI's blast furnace recycle

system, a comprehensive evaluation of its wastewater systems, a visible

oil corrective action and monitoring plan, the removal of sludge and

the lining of a wastewater pond as well as the removal of sludge and

filling in of a second wastewater pond, cessation of chlorine

discharges except as authorized by its NPDES permit, and various steps

to improve compliance with stormwater effluent limitations. In

addition, WCI will spend a minimum of $750,000 to conduct a sediment

removal Supplemental Environmental Project (``SEP'') and a benthic

macro-invertebrate sampling SEP in the Mahoning River. In addition, WCI

will pay a civil penalty of $1,140,000 to resolve the claims in the

amended CWA complaint as well as claims for certain violations of a

December 1997 administrative order.

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,

Department of Justice, Washington, DC 20530, and should refer to United

States v. WCI Steel, Inc., DOJ Ref. # 90-5-1-1-5027.

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

United States Attorney for the Northern District of Ohio, 1800 Bank One

Center, 600 Superior Avenue East, Cleveland, Ohio 44114; at U.S. EPA

Region 5, 77 West Jackson Boulevard, Chicago, IL 60604; and at the

Consent Decree Library, 1120 G Street, NW., 3rd 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., 3rd Floor, Washington, DC 20005. In requesting a copy

please refer to the referenced case and enclose a check in the amount

of $12.50 (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. 99-10066 Filed 4-21-99; 8:45 am]

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