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

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Published

November 28, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Page 83151]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26150]


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DEPARTMENT OF JUSTICE


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

    On November 20, 2023, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') with the United States District Court for 
the Western District of Washington in the lawsuit entitled United 
States v. Electron Hydro, LLC, and Thom A. Fischer, Civil Action No. 
2:20-CV-1746-JCC.
    The proposed Decree will resolve alleged violations of the Clean 
Water Act arising from Electron Hydro, LLC's, and Thom A. Fischer's 
(``Defendants'') construction activity at a hydroelectric facility on 
the Puyallup River in Pierce County, Washington, including illegal 
discharges into waters of the United States and violations of U.S. Army 
Corps of Engineers and State of Washington permits. Under the terms of 
the Decree, Defendants will pay a civil penalty of $1.025 million, 
conduct surveys of stretches of the Puyallup River to recover 
discharged materials, implement best management practices at their 
construction site, hire a separate firm to review upcoming permit 
application materials, and place a 72-acre parcel of Electron's land 
into conservation in perpetuity.
    The publication of this notice opens a period for public comment on 
the Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States v. Electron Hydro et al., D.J. Ref. No. 90-5-1-1-
12395. All comments must be submitted no later than forty-five (45) 
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#bdcdc8dfded2d0d0d8d3c990d8d8ce93d8d3cfd9fdc8ced9d2d793dad2cb"><span class="__cf_email__" data-cfemail="aededbcccdc1c3c3cbc0da83cbcbdd80cbc0dccaeedbddcac1c480c9c1d8">[email&#160;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 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 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 $18.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-26150 Filed 11-27-23; 8:45 am]
BILLING CODE 4410-15-P


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