[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Notices]
[Pages 61042-61043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23096]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Under 28 CFR 50.7, notice is hereby given that on September 30, 
2004, a proposed Consent Decree in United States and State of Texas v. 
City of Plainview, Civil Action No. 5-04CV0218-C was lodged with the 
United States District Court for the Northern District of Texas.
    In this action the United States sought civil penalties and 
injunctive relief for violations of Sections 301, 309 and 402 of the 
Clean Water Act (``the Act''), 33 U.S.C. 1311, 1319, and 1342, and for 
violations of the City's National Pollutant Discharge Elimination 
System (``NPDES'') permit for the City's publicly owned wastewater 
treatment works (``POTW''), located in Plainview, Texas. The Consent 
Decree settles the claims that the city violated the Act and its NPDES 
permit by: (1) Discharging pollutants in excess of the effluent 
limitations specified in its NPDES permit; (2) failing to comply with 
the final effluent limitations specified for Ammonia-Nitrogen by March 
1, 2000; and (3) failing to operate and maintain its POTW as required 
by the permit. The Consent Decree requires that the City pay a $75,000 
civil penalty to the federal government. The Consent Decree also 
requires that the City implement and comply with a comprehensive 
Management, Operation and Preventative Maintenance Program for its POTW 
during the term of the Consent Decree, and provide quarterly and annual 
reports to the EPA with copies to the State of Texas.
    The Department of Justice will receive for a period of thirty (30 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and State of Texas v. City of Plainview, D.J. Ref. 90-5-
1-1-07661.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Northern District of Texas,

[[Page 61043]]

1205 Texas Avenue, Suite 700, Lubbock, Texas 79401, and at U.S. EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202. During the public 
comment period, the Consent Decree, may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood (<a href="/cdn-cgi/l/email-protection#64100b0a0d054a0208010110130b0b00241117000b0e4a030b12"><span class="__cf_email__" data-cfemail="3f4b5051565e1159535a5a4b4850505b7f4a4c5b505511585049">[email protected]</span></a>), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $12.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-23096 Filed 10-13-04; 8:45 am]
BILLING CODE 4410-15-M


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