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Notice of Lodging of First Amendment to May 24, 1994 Consent Decree Under the Clean Water Act

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[Federal Register: November 21, 1997 (Volume 62, Number 225)]
[Notices]               
[Page 62348-62349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no97-103]

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of First Amendment to May 24, 1994 Consent 
Decree Under the Clean Water Act

    Under 28 CFR 50.7, notice is hereby given that on October 28, 1997, 
a proposed First Amendment to the May 24, 1994 Consent Decree 
(``Amendment'') in United States and State of Michigan v. Wayne County 
et al., Civil Action No. 87-70992, was lodged with the United States 
District Court for the Eastern District of Michigan.
    The United States and the State of Michigan asserted claims in this 
case under the Clean Water Act, 33 U.S.C. 1251 et seq., against Wayne 
County,

[[Page 62349]]

Michigan, and 13 addition municipalities that send wastewater to the 
Wayne's Treatment Plant (the ``Plant''). The case was resolved in 1994 
by a Consent Decree pursuant to which defendants agreed to attain and 
maintain compliance with the Plant's National Pollutant Discharge 
Elimination System permit limits and to comply with Decree-mandated 
interim limits during construction of Plant and collection-system 
improvements. Defendants further agreed to complete capital 
improvements needed at the Plant and in its collection system. The 
capital-improvements project, detailed in a 1993 Project Plan 
incorporated by reference in the 1994 Decree, included steps to 
achieve: the removal of improper infiltration-and-inflow; the 
improvement of transport and storage capacity in the Plant's wastewater 
collection system by constructing retention-equalization basins and an 
underground tunnel for storage and transport of untreated wastewater; 
and the upgrade the Plant's facilities to ensure that all flows meet 
Permit-mandated limits.
    Since entry of the Consent Decree in 1994, defendants have 
submitted studies, plans, and design documents required by the 1994 
Consent Decree to the U.S. Environmental Protection Agency and the 
Michigan Department of Environmental Quality. These documents contain 
recommendations for changes in the design of certain components of the 
work required by the 1994 Consent Decree, including: the modification 
of the wastewater storage and transport tunnel required by the original 
decree; further improvements in Plant treatment capacity; further study 
and design work prior to commencement of construction of a detention 
basin required by the 1994 Decree, referred to as the Eureka Basin, 
intended to eliminate sewer overflows and backups in the Plant's 
collection system above the proposed basin; and construction of a new 
connecting conduit, rather than a new Plant outfall, that would convey 
excess flows from the Plant to another treatment plant for treatment 
and discharge. The Amendment, if approved by the Court, would modify 
the injunctive relief provisions of the 1994 Decree to reflect these 
changes to the 1993 Project Plan. In all other respects, the 1994 
Decree would remain the same.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Amendment. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, Washington, DC 20530, and should refer to United States and 
State of Michigan v. Wayne County et al., D.J. Ref. 90-5-1-1-2766.
    The Amendment may be examined at the Office of the United States 
Attorney, Eastern District of Michigan, 211 W. Fort Street, Suite 2300, 
Detroit, MI 48226, at U.S. EPA Region 5, 77 West Jackson Blvd., 
Chicago, Illinois, 60604, and at the Consent Decree Library, 1120 G 
Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of 
the Amendment may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In 
requesting a copy, please enclose a check in the amount of $8.50 (25 
cents per page reproduction cost) payable to the Consent Decree 
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-30588 Filed 11-20-97; 8:45 am]
BILLING CODE 4410-15-M

 
 

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