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E-M:/ Toledo waste overflows

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

[Federal Register: September 18, 2002 (Volume 67, Number 181)]
[Page 58824]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act, 33 U.S.C. et seq.

     In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed consent decree in United States and State
of Ohio v. City of Toledo, Ohio, Civil Action No. 3:91:CV7646, was
lodged on August 28, 2002, with the United States District Court for
the Northern District of Ohio, Western Division.
     In this action, the United States sought injunctive relief and
civil penalties arising from violations of Section 301(a) of the Clean
Water Act, 33 U.S.C. 1311(a). Under the proposed Consent Decree, the
City of Toledo, Ohio (the ``City'') will (1) construct improvements to
end its practice of discharging raw sewage from its treatment plant;
(2) build an expanded and enhanced primary treatment system; (3) take
additional steps to assure that flows from the plant will receive full
biological treatment; (4) prepare a long term control plan to address
the City's combined sewer overflows for approval by the United States
Environment Protection Agency (``EPA'') and the Ohio Environmental
Protection Agency (``Ohio EPA''), and construct all improvements set
forth in the approved plan; (5) take specific steps to eliminate
discharges from separated sanitary portions of the City's sewer system;
(6) pay $500,000 in civil penalties--$425,000 to the United States and
$75,000 to the State of Ohio; and (7) undertake two supplemental
environmental projects, valued at $1 million--to reconstruct wetlands
for public use and to clean up a brownfields site, both located within
the City of Toledo.
     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 for the Environment and Natural Resources Division,
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,
DC 20044-7611, and should refer to United States and State of Ohio v.
City of Toledo, Ohio, DOJ Ref. No. 90-5-1-1-3554.
     The proposed consent decree may be examined at the office of the
United States Attorney, Four Seagate, Suite 308, Toledo, Ohio 43604;
the Region 5 Office of the U.S. Environmental Protection Agency, 77
West Jackson Blvd., Chicago, Illinois 60604-3590. A copy of the
proposed consent decree may also be obtained by request addressed to
the Department of Justice Consent Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611. In requesting a copy
please refer to the referenced case and enclose a check (25 cents per
page reproduction costs) in the amount of $21.00 for the consent decree
(84 pages), payable to the Consent Decree Library.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 02-23702 Filed 9-17-02; 8:45 am]

Alex J. Sagady & Associates  http://my.voyager.net/ajs/sagady.pdf

Environmental Enforcement, Technical Review, Public Policy and
Communications on Air, Water and Waste/Community Environmental Protection

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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