Notice2021-28574
Notice of Lodging of Proposed First Amendment To Consent Decree Under the Clean Water Act
Primary source
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Published
January 5, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 3 (Wednesday, January 5, 2022)</title>
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[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 489-490]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28574]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Amendment To Consent Decree
Under the Clean Water Act
On December 29, 2021, the Department of Justice lodged a proposed
First Amendment to Consent Decree with the United States District Court
for the Southern District of Ohio in the lawsuit entitled United States
and the State of Ohio v. City of Middletown, Ohio, Civil Action No. 18-
cv-90.
The Complaint in the United States' lawsuit sought civil penalties
and injunctive relief for alleged violations of the Clean Water Act
(``CWA'') relating to the City of Middletown's sewer system in
Middletown, Ohio. The Complaint alleged that: (1) Various discharges
from Middletown's wastewater treatment plant violated the CWA by
exceeding the effluent limitations in Middletown's permits; (2)
Middletown's combined sewer overflow discharges violated the CWA by
impairing downstream uses in the Great Miami River; (3) Middletown
illegally discharged untreated sewage from its combined sewer overflow
outfalls during dry weather; and (4) Middletown violated the CWA by
failing to monitor and/or report the monitoring results for its
outfalls as required.
A Consent Decree resolving the claims in the Complaint was entered
by the Court on April 12, 2018. The Consent Decree requires that
Middletown, among other things, implement a Long Term Control Plan to
reduce the discharges of combined stormwater and sanitary sewage from
the portion of Middletown's sewer system known as
[[Page 490]]
the combined sewer system. The current LTCP, which was included with
the Consent Decree as Appendix A, includes a number of combined sewer
overflow control measures. During the detailed design phase of one of
these measures following entry of the Consent Decree, Middletown
discovered technical difficulties in carrying out the project as
originally planned. The proposed First Amendment to Consent Decree
substitutes an alternative project to convert a portion of Middletown's
combined sewer system into a stormwater-only system.
The publication of this notice opens a period for public comment on
the First Amendment to 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 Ohio v.
City of Middletown, Ohio, D.J. Ref. No. 90-5-1-1-08978. 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#59292c3b3a3634343c372d743c3c2a773c372b3d192c2a3d3633773e362f"><span class="__cf_email__" data-cfemail="e797928584888a8a828993ca828294c982899583a7929483888dc9808891">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, D.C. 20044-7611.
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During the public comment period, the First Amendment to 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 First Amendment to 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 $2.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-28574 Filed 1-4-22; 8:45 am]
BILLING CODE P
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