Notice2022-18291
Notice of Lodging of Proposed Second Agreement and Order Regarding Modification of the Consent Decree With Respect to TESI Under the Clean Water Act
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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
August 25, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52418-52419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18291]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Second Agreement and Order
Regarding Modification of the Consent Decree With Respect to TESI Under
the Clean Water Act
On August 17, 2022, the Department of Justice lodged a proposed
Second Agreement and Order Regarding Modification of the Consent Decree
with Respect to TESI (``the Second Consent Decree Modification'') with
the United States District Court for the Western District of Louisiana
in the lawsuit
[[Page 52419]]
entitled United States and Louisiana v. Acadia Woods Add. #2 Sewer Co.,
et al., Civil Action No. 6:98-0687.
In its Second Amended Complaint, the United States alleged claims
related to violations of the Clean Water Act and applicable discharge
permits at sewage treatment plants in Louisiana owned and operated by
Johnson Properties, Inc. and its subsidiaries. Subsequently, the sewage
treatment plants were sold to Intervening Defendant Total Environmental
Solutions, Inc. (``TESI''). The United States, Louisiana, and TESI
agreed to the Consent Decree with Respect to TESI (``the Original
Consent Decree'') which was entered by the Court on December 21, 2000.
In the Original Consent Decree, TESI committed to operate the sewage
treatment plants without service interruption and implement compliance
measures intended to cause the sewage treatment plants to achieve
compliance with the requirements of the CWA and the applicable
discharge permits.
The court entered a modification of the Consent Decree on May 18,
2017 (the First Consent Decree Modification) that required TESI to
achieve compliance with the requirements of the Clean Water Act and the
applicable discharge permits by implementing additional compliance
measures. The First Consent Decree Modification also specified
procedures and a schedule pursuant to which TESI, after it implemented
the additional compliance measures, could request removal of sewage
treatment plants from the Consent Decree. Finally, the First Consent
Decree Modification revised the stipulated penalty provisions.
The proposed Second Consent Decree Modification provides for the
transfer of sewage treatment plants that remain subject to the Consent
Decree to Magnolia Water Utility Operating Company, LLC (``Magnolia'')
which would be substituted for TESI as Intervening Defendant. The
proposed Second Consent Decree Modification would also modify the
schedule to provide Magnolia additional time to complete that the work
required by the modified Consent Decree, modify some of the injunctive
relief requirements for the sewage treatment plants that remain subject
to the Consent Decree, and reduce stipulated penalties during the
initial six months of Magnolia's operations.
The publication of this notice opens a period for public comment on
the Second Consent Decree Modification. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States and Louisiana v. Acadia
Woods Add. #2 Sewer Co., et al., D.J. Ref. No.90-5-1-1-4375. 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#4f3f3a2d2c2022222a213b622a2a3c612a213d2b0f3a3c2b202561282039"><span class="__cf_email__" data-cfemail="45353027262a2828202b31682020366b202b3721053036212a2f6b222a33">[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 Second Consent Decree
Modification 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 Second Consent Decree Modification 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 $13.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-18291 Filed 8-24-22; 8:45 am]
BILLING CODE 4410-15-P
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