Notice2021-26577
Notice of Lodging of Proposed Consent Decree Under the Clean Water Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 8, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Page 69686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26577]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On November 17, 2021, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Northern
District of West Virginia in the lawsuit entitled United States and the
State of West Virginia by and through the West Virginia Department of
Environmental Protection v. Berkeley County Public Service Sewer
District and Berkeley County Public Service Storm Water District, Civil
Action No. 3:21-CV-179.
This is a civil action for injunctive relief and civil penalties
brought against the Berkeley County Public Service Sewer District (the
``Sewer District'') pursuant to Sections 309(b) and (d) of the Clean
Water Act (``CWA''), 33 U.S.C. 1319 (b) and (d); and Chapter 16,
Article 1, Section 9a of the West Virginia Code, W. Va. Code 16-1-9a.
The claims are based on violations of the CWA and the West Virginia
Water Pollution Control Act (``WPCA'') in connection with the Sewer
District's ownership and operation of sewage collection systems, a
pretreatment plant and multiple wastewater treatment plants, and a
municipal separate storm sewer system (``MS4'') in Berkeley County,
West Virginia. The Berkeley County Public Service Storm Water District
(``Storm Water District'') is included as a party to implement
injunctive relief measures, because it has taken over operation of the
MS4 from the Sewer District.
Under the consent decree, the Sewer District will implement:
Comprehensive performance evaluations, corrective action plans, and
standard operating procedures for certain treatment plants; a sewage
collection systems inspection and maintenance program; pump station
compliance requirements; a fats, oil, and grease public education
program; and an asset management software system designed to record and
track each asset through its life cycle. The Storm Water District will
develop and implement an MS4 Manual detailing general programmatic
requirements and including plans for implementing measures to ensure
compliance with the MS4 Permit. Both Defendants will implement regular
training programs. In addition, the Sewer District will pay a civil
penalty of $432,000 to the United States and $86,400 to the West
Virginia Department of Environmental Protection, and will complete a
state supplemental environmental project which will ensure treatment of
sewage from two facilities that regularly operate in noncompliance with
the West Virginia Water Pollution Control Act.
A Federal Register notice opening a period for public comment on
the proposed consent decree was published on November 23, 2021. 86 FR
66590 (Nov. 23, 2021). The Justice Department website referenced in the
Federal Register notice did not provide a link to the relevant
complaint and consent decree until November 29, 2021. To ensure a
complete comment period, the publication of this second notice opens a
new period for public comment on the proposed consent decree.
Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and should refer to United
States and the State of West Virginia by and through the West Virginia
Department of Environmental Protection v. Berkeley County Public
Service Sewer District and Berkeley County Public Service Storm Water
District, D.J. Ref. No. 90-5-1-1-11893. 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#f5858097969a9898909b81d8909086db909b8791b58086919a9fdb929a83"><span class="__cf_email__" data-cfemail="a8d8ddcacbc7c5c5cdc6dc85cdcddb86cdc6dacce8dddbccc7c286cfc7de">[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 $24.00 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits and signature pages, the cost is $16.75.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-26577 Filed 12-7-21; 8:45 am]
BILLING CODE 4410-15-P
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