Notice2021-19569
Notice of Lodging of Proposed Consent Decree Under the Clean Water Act
Primary source
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Published
September 10, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Page 50745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19569]
[[Page 50745]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On August 30, 2021, the Department of Justice filed a complaint and
lodged a proposed consent decree with the United States District Court
for the District of Montana in the lawsuit entitled United States v.
Northern Cheyenne Utilities Commission, Civil Action No. 1:21-cv-00094-
SPW-TJC.
The United States filed this lawsuit against the Northern Cheyenne
Utilities Commission (``Defendant'') for violations of the Clean Water
Act at the Lame Deer Wastewater Treatment Facility (``Facility''). The
Facility is operated and maintained by the Defendant and located in
Lame Deer, Montana, within the exterior boundaries of the Northern
Cheyenne Indian Reservation. The Complaint seeks injunctive relief and
civil penalties for the following violations of the Clean Water Act:
Unpermitted discharge of pollutants from the Facility, noncompliance
with the terms and conditions of the National Pollutant Discharge
Elimination System (``NPDES'') permit issued to the Facility, and
Defendant's failure to comply with the requirements of an
administrative Order for Compliance issued to Defendant by the United
States Environmental Protection Agency on July 7, 2015 (Docket No. CWA-
08-2015-0020).
Under the proposed Consent Decree, Defendant will perform
injunctive relief, including: Completion of certain Facility related
physical improvements; the acquisition and maintenance of equipment
spare parts; development of a Plan of Operations to operate and
maintain the Facility in a manner consistent with its NPDES permit and
the Clean Water Act; training and hiring of certified waste operators;
development of an annual Facility budget; completion of an interim
service rates study and implementation of service rates based on the
study; development of an updated billing and collection policy; and
development of a communication and notification plan to improve
coordination on issues related to wastewater collection and treatment
services provided by Defendant. In addition, Defendant will pay a
$1,500.00 civil penalty, based on certain ability to pay limitations.
The Consent Decree resolves the civil claims alleged by the United
States in the Complaint.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments on the Consent Decree should be addressed
to the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States v. Northern Cheyenne
Utilities Commission, D.J. Ref. No. 90-5-1-1-11646. All comments must
be submitted no later than thirty (30) days after the publication date
of this notice. Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#82f2f7e0e1edefefe7ecf6afe7e7f1ace7ecf0e6c2f7f1e6ede8ace5edf4"><span class="__cf_email__" data-cfemail="e3939681808c8e8e868d97ce868690cd868d9187a39690878c89cd848c95">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of
the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $53.50 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the appendices and signature pages, the cost is $12.50.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-19569 Filed 9-9-21; 8:45 am]
BILLING CODE 4410-15-P
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