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Proposed Second Interim Settlement Agreement, Clean Water Act Claims

In accordance with the EPA Administrator's October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is he...

In accordance with the EPA Administrator's October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed Second Interim Settlement Agreement in a lawsuit filed by the West Goshen Sewer Authority (``WGSA'' or ``Plaintiff'') in the United States District Court for the Eastern District of Pennsylvania: West Goshen Sewer Authority v. EPA, et al. On September 19, 2012, Plaintiff filed a complaint alleging, inter alia, that the United States Environmental Protection Agency (``EPA'') exceeded its statutory authority and acted arbitrarily and capriciously when it established a ``total maximum daily load'' for Goose Creek in southeastern Pennsylvania. The proposed Second Interim Settlement Agreement would memorialize commitments by WGSA, among other things, to install a ``CoMag'' ballasted flocculation system at its wastewater treatment plant and achieve certain specified discharge limits for phosphorus. After a period of time, EPA would reassess the water quality of Goose Creek and decide whether to withdraw, revise or retain the Goose Creek TMDL.

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83 FR 42287

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“Proposed Second Interim Settlement Agreement, Clean Water Act Claims,” thefederalregister.org (August 21, 2018), https://thefederalregister.org/documents/2018-17923/proposed-second-interim-settlement-agreement-clean-water-act-claims.