Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

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Published

January 18, 2022

Issuing agencies

Justice Department

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<title>Federal Register, Volume 87 Issue 11 (Tuesday, January 18, 2022)</title>
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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2637-2638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00817]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On January 11, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Pennsylvania in the lawsuit entitled United States and 
Pennsylvania Department of Environmental Protection v. West Penn Power 
Company (West Penn), Civil Action No. 2:22-cv-00051-NR.
    This case relates to alleged violations of monthly effluent 
limitations contained in National Pollution Discharge Elimination 
System (NPDES) permits issued to West Penn by the Pennsylvania 
Department of Environmental Protection (PADEP) and related to boron 
levels in leachate discharges from two closed coal ash landfills in 
Western Pennsylvania. The Mingo Landfill is associated with the 
retired, coal-fired Mitchell Power Plant in Union Township, Washington 
County, and the Springdale Landfill is associated with the retired 
coal-fired Springdale Power Plant in Frazer Township, Allegheny County. 
The case involves claims for civil penalties and injunctive relief 
under the Clean Water Act, 33 U.S.C. 1251 et seq., as well as a related 
count under the Pennsylvania Clean Streams Law, 35 P. S. Sec. Sec.  
691.1-691.801 for the alleged violations at the Mingo Landfill. The 
proposed settlement embodied in the lodged Consent Decree requires West 
Penn to install a new gravity pipeline from the Springdale Landfill to 
a new outfall location in the Allegheny River, and to operate a 
recently installed gravity pipeline from the Mingo Landfill to Peters 
Creek. Both new outfalls will require West Penn to operate the 
pipelines in compliance with newly issued NPDES permits. West Penn is 
also required to pay civil penalties of $305,000 to the United States 
and $305,000 to PADEP.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States et al. v. West Penn Power, D.J. Ref. No. 
90-5-1-1-11894. 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#3b4b4e59585456565e554f165e5e48155e55495f7b4e485f5451155c544d"><span class="__cf_email__" data-cfemail="1f6f6a7d7c7072727a716b327a7a6c317a716d7b5f6a6c7b707531787069">[email&#160;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 $15.50 (25 cents per page

[[Page 2638]]

reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-00817 Filed 1-14-22; 8:45 am]
BILLING CODE 4410-15-P


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