[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Page 39893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19735]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree

    Notice is hereby given that on July 13, 1998 a proposed Consent 
Decree in Upper Chattahoochee Riverkeeper Fund, Inc., The Chattahoochee 
Riverkeeper, Inc., and W. Robert Hancock, Jr. v. The City of Atlanta, 
Georgia, Civil Action No. 1:95-CV-2550-TWT and United States of America 
and State of Georgia v. City of Atlanta, Civil Action 1:98-CV-1956-TWT 
(CONSOLIDATED) was lodged with the United States District Court for the 
Northern District of Georgia. This Consent Decree represents a 
settlement of claims against the City of Atlanta, Georgia under Section 
309 (b) and (d) of the Clean Water Act, 33 U.S.C. 1319 (b) and (d).
    Under this settlement between the Citizen Plaintiffs, United 
States, the State and the City, the City will be required to undertake 
extensive rehabilitation to its Combined Sewer Overflow systems (CSOs). 
The consent decree also provides for the recovery of a civil penalty of 
$2,500,000 to be paid by the City. The penalty shall be paid as 
follows: within thirty (60)??? days after the consent decree is entered 
by the Court, the City shall pay $500,000 to the United States, and 
$500,000 to the State of Georgia, on or before the one year anniversary 
of the Date of Entry, the City shall pay $750,000 to the United States 
and $750,000 to the State of Georgia. In addition, the consent decree 
requires the City to undertake the implementation of a Supplemental 
Environmental Project (``SEP''). The SEP involves the acquisition of 
riparian properties or ``greenways'' for the purpose of reducing or 
eliminating non-point source pollution into the Chattahoochee and South 
Rivers and or their tributaries. The City shall also be required to 
undertake a cleanup of the Combined Sewer Overflow stream beds. A 
secondary benefit of the SEP shall be to protect, restore, and enhance 
aquatic and stream corridor habitats of the river systems.
    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 of the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States of America and State of Georgia v. City of Atlanta, 
Georgia, Civil Action No. 1:98-CV-1956-TWT (CONSOLIDATED), D.J. Ref. 
90-5-1-1-4430.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Northern District of Georgia, 1800 United 
States Courthouse, 75 Spring Street, S.W., Atlanta, Georgia 30335 and 
at Region 4, Office of the Environmental Protection Agency, Water 
Programs Enforcement Branch, Water Management Division, Atlanta Federal 
Center, 61 Forsyth Street S.W., Atlanta, Georgia 30303-3104, and at the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 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, N.W., 4th Floor, Washington, D.C. In requesting a copy, 
please enclose a check in the amount of $29.25 (25 cents per page 
reproduction cost) payable to the Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-19735 Filed 7-23-98; 8:45 am]
BILLING CODE 4410-15-M