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

In accordance with the policy of the Department of Justice, 28

U.S.C. 50.7, notice is hereby given that a proposed consent decree in

United States et al., v. County of Muskegon, Michigan, et al., Civ. No.

1-97-CV-486, was lodged with the United States District Court for the

Western District of Michigan, on July 30, 1999. The action was brought

by the United States against the County of Muskegon, Michigan

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

(``the Act''), 33 U.S.C. 1319(b) and (d), for injunctive relief and

assessment of civil penalties. The Complaint alleged violations by

Muskegon of Section 301 of the Act, 33 U.S.C. 1311, and the terms and

conditions of its National Pollutant Discharge Elimination System

(``NPDES'') Permits issued pursuant to Section 402 of the Act, 33

U.S.C. 1342, and for violations of two administrative orders issued to

Muskegon by the U.S. Environmental Protection Agency pursuant to

Section 309(a) of the Act, 33 U.S.C. 1319(a), in connection with two

Publicly Owned Treatment Works owned and operated by Muskegon.

Under the proposed consent decree, Muskegon will pay $160,000 in

civil penalties for past violations. In addition, Muskegon will

implement certain remedial actions to effect compliance with its NPDES

permit requirements including: (1) measures to comply with the effluent

discharge limits for fecal coliform and total suspended solids from its

Metro POTW; and (2) measures

[[Page 44046]]

to implement its Michigan-approved industrial pretreatment program.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of 30 days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

of Justice, Washington, DC 20530. All comments should refer to United

States et al., v. County of Muskegon, Michigan, et al. D.J. Ref. 90-5-

1-1-4382.

The proposed consent decree may be examined at : (1) the Office of

the United States Attorney for the Western District of Michigan, The

Law Building, 330 Ionia Avenue, NW, 5th Floor, Grand Rapids, Michigan

49503, (616-456-2404); (2) The United States Environmental Protection

Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-

3590 (contact Robert Thompson (312-353-6700)); and, (3) the U.S.

Department of Justice, Environment and Natural Resources Division

Consent Decree Library, 120 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. When requesting a copy,

please refer to United States et al., v. County of Muskegon, Michigan,

et al. D.J. Ref. 90-5-1-1-4382, and enclose a check in the amount of

$8.25 for the consent decree only (33 pages at 25 cents per page

reproduction costs), or $24.50 for the consent decree and all

appendices (98 pages), made payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-20807 Filed 8-11-99; 8:45 am]

BILLING CODE 4410-15-M