[Federal Register Volume 66, Number 245 (Thursday, December 20, 2001)]
[Notices]
[Pages 65743-65744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31278]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Supplement to the Consent Decree Pursuant to 
the Safe Drinking Water Act

    In accordance with 28 CFR 50.7, notice is hereby given that a 
proposed Supplement to the Consent Decree in United States and State of 
New York, et al. v. City of New York, et al., Civil Action No. CV 97-
2154 (Gershon J.) (Gold, M.J.), was lodged with the United States 
District Court for the Eastern District of New York on December 12, 
2001. In this action, the United States and the State of New York 
sought to court order requiring the City of New York to come into 
compliance with the Safe Drinking Water Act, 42 U.S.C. 300f, et seq., 
and the Surface Water Treatment Rule, a National Primary Drinking Water 
Regulation, by installing filtration treatment for its Croton water 
supply system.
    On November 24, 1998, the Court entered a Consent Decree in this 
action which required the City, among other obligations, to select a 
site for, design, and contruct the filtration plant. The City selected 
a site for the plant at the Mosholu Golf Course in Van Cortlandt Park 
in the Bronx. However, on February 8, 2001, the New York State Court of 
Appeals held that the City could not construct the plant at the Mosholu 
Golf Course Site without first obtaining approve from the New York 
State Legislature. The City has sought, but to date has not obtained, 
legislative approve to construct the plant at the Mosholu Golf Course 
Site, though the City represents that it is continuing to seek such 
approval.
    In view of the lack of legislative approval for the Mosholu Golf 
Course Site, the Parties negotiated a Supplement to the Consent Decree, 
which, among other things, requires the City to select a new site and 
modifies the deadlines for construction of the filtration plant. The 
City has identified two alternative sites for construction of the 
filtration plant, a site in the Town of Mount Pleasant in Westchester 
Country, denominated the Eastview Site, and a site adjacent to the 
Harlem River in Bronx County, denominated the Harlem River Site. 
However, the City wishes to conduct additional study regarding these 
sites prior to selecting a preferred site for the plant. Accordingly, 
the Supplement tot he Consent Decree provides that the City will 
conduct some initial study and design work relating to the Eastview 
Site and the Harlem River Site and will identify its preferred Site in 
a draft environmental impact statement to be submitted on April 30, 
2003. The City is to select one of these two sites or, if legislative 
approval for the Mosholu Golf Course Site is obtained by April 15, 2003 
and other requirements are met, the City may instead reselect the 
Mosholu Golf Course Site.
    The Supplement to the Consent Decree provides that, if the Eastview 
Site is selected, the City is to complete construction of the plant by 
March 31, 2010, with full operation to commence no later than September 
30, 2010, and, if the Harlem River Site is selected, the City is to 
complete construction of the plant by April 30, 2011, with full 
operation to commence by October 31, 2011. The Supplement also provides 
that, if the United States, State, or the City determines during the 
course of implementation of the Supplement that the City cannot 
complete the plant at the selected site within the schedule set forth 
in the Supplement or within a reasonable time period agreed to by the 
parties, the City shall construct the plant at the alternate site.
    The Supplement to the Consent Decree also provides for a 
supplemental Interim Measure. This Interim Measure requires the City to 
implement a project to improve, enhance and/or secure the Croton Water 
Supply System and/or the Croton Watershed. The City is to submit a 
proposal to the United States and the State for such a project by 
September 30, 2002, and to implement the approved project between May 
31, 2003 and May 31, 2006, at a cost of $2,000,000.
    The Department of Justice will receive comments relating to the 
proposed Supplement to the Consent Decree for a period of thirty (30) 
days from the date of this publication. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, Department of Justice, c/o Deborah B. Zwany, Assistant U.S. 
Attorney, Eastern District of New York, One Pierrepont Plaza, 14th 
Floor, Brooklyn, New York 11201, and should refer to United States and 
State of New York v. City of New York, D.J. Ref. 90-5-1-1-4429. A copy 
of the comments should also be sent to Chief, Environmental Enforcement 
Section, U.S. Department of Justice, P.O. Box 7611, Washington, DC 
20044.
    The proposed Supplement to the Consent Decree may be examined at 
the office of the United States Attorney for the Eastern District of 
New York, One Pierrepont Plaza, 14th Floor, Brooklyn, New York 11201, 
and at the Region II office of the Environmental Protection Agency, 290 
Broadway, New York, New York 10007. A copy of the proposed Supplement 
to the Consent Decree may also be obtained by faxing a request to Tonia 
Fleetwood, Department of Justice Consent Decree Library, fax no. (202) 
353-0296. There is a charge for the copy (25 cent per page reproduction 
cost). When requesting a copy, please mail a check payable to the 
``Consent Decree Library'', in the amount of $15.00, to: Consent Decree 
Library, U.S.

[[Page 65744]]

Department of Justice, P.O. Box 7611, Washington, DC 20044.

Karen S. Dworkin,
Assistant Chief, Environmental Enforcement Section, Environmental & 
Natural Resources Division.
[FR Doc. 01-31278 Filed 12-19-01; 8:45 am]
BILLING CODE 4410-15-M