Notice2023-24168
Notice of Lodging of Proposed First Modification To Consent Decree Under the Clean Water Act
Primary source
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Published
November 2, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
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[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Page 75330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24168]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Modification To Consent
Decree Under the Clean Water Act
On October 25, 2023, the Department of Justice lodged a proposed
first modification to the consent decree (``First Modification'') with
the United States District Court for the District of Massachusetts in
the lawsuit entitled United States and Commonwealth of Massachusetts v.
City of Revere, Massachusetts, Civil Action No. 1:10-cv-11460 (D.
Mass.).
The United States filed this lawsuit in 2010 under the Clean Water
Act (``Act''). The complaint sought injunctive relief and civil
penalties for violations of the Act in connection with the City of
Revere's operation of its sewage collection system and municipal
separate storm sewer system (``MS4''). The allegations in the Complaint
were resolved in a consent decree entered on November 17, 2010
(``Consent Decree'') in which the City of Revere agreed, among other
things, to develop and implement a Comprehensive Wastewater Management
Plan and Comprehensive Stormwater Management Plan (``CWMP/CSMP'') to
ensure identification and implementation of capital projects necessary
to eliminate sanitary sewer overflows (``SSOs'') and bring its MS4 into
compliance with National Pollutant Elimination System (``NPDES'')
permit requirements.
The proposed First Modification replaces the Consent Decree CWMP/
CSMP provisions with new provisions that require the City of Revere to
update portions of its CWMP/CSMP by December 31, 2026. This update must
include a summary of work completed pursuant to the Consent Decree,
assessment of the City of Revere sewer system current service level and
associated review of capacity-related SSOs, development and assessment
of alternatives to achieve the goal of the Consent Decree to prevent
collection system surcharges or capacity-related SSOs events, and a
recommended plan and implementation schedule identifying projects to
attain the target level of sewer system service of a ten-year design
storm. The new provisions also extend the deadline for completion of
all work proposed under Revere's CWMP/CSMP to December 31, 2038.
The publication of this notice opens a period for public comment on
the First Modification. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and Commonwealth of Massachusetts v. City
of Revere, Massachusetts, Civil Action No. 1:10-cv-11460, D.J. Ref. No.
90-5-1-1-09299. 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#eb9b9e89888486868e859fc68e8e98c58e85998fab9e988f8481c58c849d"><span class="__cf_email__" data-cfemail="58282d3a3b3735353d362c753d3d2b763d362a3c182d2b3c3732763f372e">[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 First 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 First 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 $4.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-24168 Filed 11-1-23; 8:45 am]
BILLING CODE 4410-15-P
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