[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Notices]
[Page 44968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-19439]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on July 17, 
2003, a proposed Consent Decree (``Consent Decree'') in United States 
v. South Haven Sewer Works, Inc., Civil Action No. 2:03 CV 290, was 
lodged with the United States District Court for the Northern District 
of Indiana.
    The United States' complaint in this action asserts claims against 
South Haven Sewer Works, Ind. (``South Haven'') for injunctive relief 
and civil penalties for violations of the Clean Water Act, 33 U.S.C. 
1251 et seq. (the ``Act''), and a National Pollutant Discharge 
Elimination System Permit regulating discharges of pollutants into Salt 
Creek, from South Haven's privately owned wastewater treatment plant 
and sanitary sewer system in South Haven, Indiana.
    The proposed Consent Decree requires South Haven to comply with the 
effluent limitations as well as all other requirements of South Haven's 
NPDES permit. In addition, the proposed Consent Decree requires South 
Haven to implement compliance measures valued at between $6 and $7 
million, including: (i) Installation of monitoring and sampling devices 
and a standby power generator; (ii) construction of an improved 
outfall; (iii) identification and elimination of defects in the 
collection system and wastewater treatment plant that cause or 
contribute to bypasses and sanitary sewer overflows (``SSOs''); (iv) 
development and implementation or procedures for minimizing the impacts 
of SSOs on the environment and human health; and (v) development and 
implementation of a preventative maintenance program. The proposed 
Consent Decree also prohibits South Haven from accepting non-municipal 
waste and expanding its service area or sewer connections until it has 
met certain requirements. Under the proposed Consent Decree South Haven 
will also pay a civil penalty of $250,000.
    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, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. South Haven Sewer Works, Inc., D.J. Ref. 90-
5-1-1-06888.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 5400 Federal Plaza, Suite 1500, Hammond, 
Indiana 46320, and at U.S. EPA Region 5, 77 West Jackson Boulevard, 
Chicago, IL 60604. During the public comment period, the proposed 
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 
proposed 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 
(tonia. fleetwood@usdoj.gov), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy, please 
enclose a check in the amount of $14.75 (25 cents per page reproduction 
cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-19439 Filed 7-30-03; 8:45 am]
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