Notice2022-19865
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
September 14, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 177 (Wednesday, September 14, 2022)</title>
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[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56445-56446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19865]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On September 7, 2022, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of New Hampshire, in a lawsuit entitled United States v. State of New
Hampshire and New Hampshire Fish and Game Department, Civil Action No.
1:18-cv-00996-PB.
The United States filed this lawsuit under sections 301(a), 309(b),
and 504 of the Clean Water Act (``CWA''), 33 U.S.C. 1311(a), 1319(b),
1364, against the State of New Hampshire and the New Hampshire Fish and
Game Department (``NHF&G''), in connection with discharges of
pollutants from the Powder Mill State Fish Hatchery, in New Durham, New
Hampshire (the ``Hatchery''). The Hatchery is owned by the State and
operated by NHF&G. The Complaint asserts two claims for injunctive
relief. The first claim alleges that the State and NHF&G violated a
National Pollutant Discharge Elimination System permit (Permit No.
NH0000710; the ``Permit''), issued by EPA under section 402 of the CWA,
33 U.S.C. 1342, by exceeding its narrative and numeric discharge limits
for total phosphorus and pH, in violation of CWA section 309(b), 33
U.S.C. 1319(b). The second claim alleges that such discharges have
caused or contributed to contamination, eutrophication, and the growth
of toxic cyanobacteria in the Merrymeeting River and its impoundments,
known as Marsh, Jones, and Downing Ponds, which poses an imminent and
substantial endangerment to human health and welfare, in violation of
CWA section 504, 33 U.S.C. 1364.
Under the proposed consent decree, NHF&G must implement measures
designed to bring the Hatchery into compliance with the CWA and the
Permit by the end of 2025. These measures include constructing and
operating new wastewater treatment systems and upgrading other aspects
of the Hatchery's facilities and operations, and implementing best
management practices related to flow, pH, and phosphorus, such as
adding a neutralizing agent, reconfiguring facility
[[Page 56446]]
tanks to promote the settling of solids containing phosphorus, and
increasing the frequency of removal of these solids. The proposed
consent decree also requires NHF&G to perform a phosphorus assessment
and remediation options study for the Merrymeeting River and its
impoundments.
The United States filed its complaint as plaintiff-intervenor in a
civil action initiated in 2018 by the Conservation Law Foundation
(``CLF''), under the CWA's citizen-suit provision, 33 U.S.C. 1365,
entitled Conservation Law Foundation v. Scott Mason, Executive Director
of NHF&G, et al., Civil Action No. 1:18-cv-00996-PB. In that action,
CLF asserted CWA claims arising from the same or similar circumstances
as those that gave rise to the United States' claims. In addition to
resolving the United States' claims, the proposed consent decree
resolves CLF's claims in this related action.
The publication of this notice opens a 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 v. State of New Hampshire and New
Hampshire Fish and Game Department, D.J. Ref. No. 90-5-1-1-12466. All
comments must be submitted no later than 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 e-mail................................. <a href="/cdn-cgi/l/email-protection#75050017161a1818101b01581010065b101b0711350006111a1f5b121a03"><span class="__cf_email__" data-cfemail="32424750515d5f5f575c461f5757411c575c4056724741565d581c555d44">[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>. Paper copies of the consent
decree are available upon written request and payment of reproduction
costs. Such requests and payments should be addressed to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
With each such request, please enclose a check or money order for
$12.75 (25 cents per page reproduction cost) per paper copy, payable to
the United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-19865 Filed 9-13-22; 8:45 am]
BILLING CODE P
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