Notice of Lodging of Proposed Third Amended 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]
[Page 10384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03355]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On February 13, 2023, the Department of Justice lodged a proposed 
Third Amendment to the Consent Decree with the United States District 
Court for the Northern District of Ohio in the lawsuit entitled United 
States v. City of Akron, Ohio, et al., Civil Action No. 09-cv-00272.
    In this action the United States, and the State of Ohio in a cross-
claim, sought civil penalties and injunctive relief for violations of 
the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the 
City of Akron's (``Akron's'' or ``City's'') operation of its municipal 
wastewater treatment facility and sewer system. Under the Consent 
Decree, which was approved by the Court in January 2014, Akron was 
required to implement a comprehensive plan to address overflows from 
its combined sewer system and bypasses around secondary treatment at 
the wastewater treatment facility. That plan, known as the ``Long Term 
Control Plan Update'' (``LTCP Update''), which was approved by the 
United States in November 2011 and the State of Ohio in April 2012, 
sets forth specific projects that the City is required to implement, 
and identifies dates for completion of these projects.
    The proposed amendment modifies provisions of the 2014 Consent 
Decree that are set forth in the City's LTCP Update. Specifically, the 
proposed amendment includes: (1) resizing a large tunnel (the Northside 
Interceptor Tunnel) from 23 million gallons (``MG'') to 10.3 MG; and 
(2) adding a new requirement for sewer separation at one of the City's 
combined sewer overflow discharge points that would otherwise be 
controlled by the Northside Interceptor Tunnel.
    The publication of this notice opens a period for public comment on 
the proposed Third Amendment to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. City of Akron 
et al., D.J. Ref. No. 90-5-1-1-3144/2. 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#02727760616d6f6f676c762f6767712c676c7066427771666d682c656d74"><span class="__cf_email__" data-cfemail="69191c0b0a0604040c071d440c0c1a470c071b0d291c1a0d0603470e061f">[email&#160;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 proposed Third Amendment to 
the Consent Decree may be examined and downloaded at this Justice 
Department website: <a href="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>. We 
will provide a paper copy of the proposed Third Amended 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 $3.50 (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. 2023-03355 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>

View on FederalRegister.gov →Plain-text source

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.