Notice2023-03340
Notice of Lodging of Proposed Modification to Partial 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
February 17, 2023
Issuing agencies
Justice Department
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10383-10384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03340]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Modification to Partial Consent
Decree Under the Clean Water Act
On February 13, 2023, the Department of Justice lodged a proposed
Modification to Partial Consent Decree with the United States District
Court for the Middle District of Pennsylvania in the lawsuit entitled
United States and Commonwealth of Pennsylvania Department of
Environmental Protection v. Capital Region Water and the City of
Harrisburg, PA, Civil Action No. 1:15-cv-00291-CCC.
The United States and the Pennsylvania Department of Environmental
Protection (``PADEP'') jointly filed this lawsuit in February 2015
against Capital Region Water (``CRW'') and the City of Harrisburg
alleging violations of the Clean Water Act and the Pennsylvania Clean
Streams Law. The complaint sought injunctive relief and civil penalties
for alleged unpermitted discharges from the sewer system in Harrisburg,
failure to prepare a Long-Term Control Plan in compliance with EPA's
1994 Combined Sewer Overflow Control Policy (``CSO Policy''), and
failure to comply with other requirements of sewer and stormwater
National Pollutant Discharge Elimination System (``NPDES'') permits. At
the same time, the United States and PADEP also lodged a Partial
Consent Decree that required CRW to perform injunctive relief to
address the alleged
[[Page 10384]]
violations. The Partial Consent Decree resolved all claims against the
City of Harrisburg and nearly all claims against CRW, except for claims
regarding CRW's implementation of a Long-Term Control Plan and claims
for civil penalties against CRW. The Partial Consent Decree became
effective on August 24, 2015.
The Modification to Partial Consent Decree refines the 2015 Partial
Consent Decree by requiring CRW to perform injunctive measures to
ensure that the sewer system is capable of meeting capture goals in a
Long-Term Control Plan. Those measures include, among other
requirements, construction projects to help bring the sewer system to a
functional baseline; public notification of combined sewer overflow
events, including real-time monitoring of certain combined sewer
outfalls, and submission of a Long-Term Control Plan that complies with
EPA's CSO Policy no later than December 31, 2024. The Modification
provides the same resolution as the 2015 Partial Consent Decree; it
does not resolve claims regarding CRW's implementation of the Long-Term
Control Plan and claims for civil penalties against CRW.
The publication of this notice opens a period for public comment on
the Modification to Partial Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and should refer to United States and Pennsylvania
Department of Environmental Protection v. Capital Region Water and City
of Harrisburg, D.J. Ref. No. 90-5-1-1-10157. 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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ <a href="/cdn-cgi/l/email-protection#3b4b4e59585456565e554f165e5e48155e55495f7b4e485f5451155c544d"><span class="__cf_email__" data-cfemail="6d1d180f0e0200000803194008081e4308031f092d181e090207430a021b">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, D.C. 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Modification to Partial
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 Modification to Partial 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 $22.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-03340 Filed 2-16-23; 8:45 am]
BILLING CODE 4410-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 17, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.