Notice of Lodging of a Stipulated Order for Preliminary Relief Pursuant to the Clean Water Act, 15341 [2011-6534]
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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices
By order of the Commission.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011–6505 Filed 3–18–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
mstockstill on DSKH9S0YB1PROD with NOTICES
Notice of Lodging of a Stipulated Order
for Preliminary Relief Pursuant to the
Clean Water Act
Notice is hereby given that a proposed
Stipulated Order for Preliminary Relief
was lodged on March 15, 2011, with the
United States District Court for the
Northern District of California in United
States of America et al. v. City of
Alameda, et al., Civ. No. C 09–05684
RS.
The United States of America and the
People of the State of California ex rel.
California State Water Resources
Control Board and California Regional
Water Quality Control Board, San
Francisco Bay Region (together ‘‘Water
Boards’’), and Plaintiff-Intervenor San
Francisco Baykeeper (‘‘Baykeeper’’),
brought claims under Sections 301 and
402 of the Clean Water Act, 33 U.S.C.
1251, et seq., against seven municipal
defendants, including the City of
Alameda, the City of Albany, the City of
Berkeley, the City of Emeryville, the
City of Oakland, the City of Piedmont
and the Stege Sanitary District (together
‘‘Satellite Communities’’).
The United States, the Water Boards
and Baykeeper allege that the Satellite
Communities are in violation of the
Clean Water Act and their National
Pollutant Discharge Elimination System
(‘‘NPDES’’) Permits because they have
unlawful sanitary sewer overflows
(‘‘SSOs’’) during wet weather. They also
allege that the Satellite Communities are
in violation of the operation and
maintenance provisions of their NPDES
Permits because they contribute
excessive flow to treatment systems
owned and operated by the East Bay
Municipal Utilities District (‘‘EBMUD’’),
which causes EBMUD to violate the
Clean Water Act and its own NPDES
permit.
The proposed Stipulated Order for
Preliminary Relief complements a
January 2009 interim settlement with
EBMUD. Among other things, the
EBMUD settlement requires EBMUD to
study flow from the Satellite
Communities and make
recommendations to EPA and the Water
Boards as to how that flow can be
reduced to prevent discharges from
three wet weather facilities (‘‘WWFs’’).
This Stipulated Order for Preliminary
Relief represents an interim solution
VerDate Mar<15>2010
17:50 Mar 18, 2011
Jkt 223001
that will move the parties toward a final
resolution of the claims in the
complaint. It will require the Satellite
Communities to gather information that
EBMUD will use to determine how to
reduce flows to its system. It will also
require the Satellite Communities to
begin taking steps to reduce inflow and
infiltration into their collection systems.
This settlement, together with the
earlier interim settlement with EBMUD,
will provide EBMUD, EPA and the
Water Boards with the information
necessary to achieve a final settlement
that will eliminate discharges from the
WWFs.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the proposed Stipulated
Order for Preliminary Relief. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and either
e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to United States et al. v.
City of Alameda et al., DJ No. 90–5–1–
1–09361/1.
The proposed Stipulated Order for
Preliminary Relief may be examined at
the Region 9 Office of the
Environmental Protection Agency, 75
Hawthorne Street, San Francisco, CA,
94105. During the public comment
period, the proposed Stipulated Order
for Preliminary Relief may also be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Stipulated Order for Preliminary Relief
may also be obtained by mail from the
Consent Decree Library, P.O. Box 7611,
U.S. Department of Justice, Washington,
DC 20044–7611, or by faxing or emailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please enclose a check in the amount of
$25.00 (25 cents per page reproduction
cost) payable to the U.S. Treasury. The
check should refer to United States et al.
v. City of Alameda, et al., DJ No. 90–5–
1–1–09361/1.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011–6534 Filed 3–18–11; 8:45 am]
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15341
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities: Proposed Collection
Extension; Comment Request; Equal
Access to Justice Act
ACTION:
Notice.
The Department of Labor is
soliciting comments concerning the
proposed extension of the information
collection request (ICR) for applicants to
obtain awards in administrative
proceedings subject to the Equal Access
to Justice Act.
DATES: Written comments must be
submitted by May 20, 2011.
ADDRESSES: Comments may to be
submitted by mail to the Department of
Labor/Office of the Solicitor, Attn:
Raymond E. Mitten, Jr., 200 Constitution
Avenue, NW., Room N–2428,
Washington, DC 20210. Comments also
may be sent by e-mail to
DOL_PRA_Public@dol.gov. Written
comments limited to 10 pages or fewer
may be transmitted by facsimile to (202)
693–5538.
FOR FURTHER INFORMATION CONTACT:
Raymond E. Mitten, Jr., Counsel for
Administrative Law, Division of
Management and Administrative Legal
Services, Office of the Solicitor, 200
Constitution Ave., NW., Washington,
DC 20210, telephone (202) 693–5523.
Copies of the referenced information
collection request are available in room
N–1301, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210. A copy of the ICR, with
applicable supporting documentation,
may be obtained by calling the
Department of Labor. To obtain
documentation, contact Michel Smyth
at (202) 693–4129 or e-mail:
Smyth.Michel@dol.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background: The Equal Access to
Justice Act provides for the award of
fees and expenses to certain parties
involved in administrative proceedings
with the United States. The statute
requires, at 5 U.S.C. 504(a)(2), that a
party seeking an award of fees and other
expenses in a covered administrative
proceeding must submit to the agency
‘‘an application which shows that the
party is the prevailing party and is
eligible to receive an award’’ under the
Act. The Department of Labor’s
regulations implementing the Equal
Access to Justice Act contain a subpart
which specifies the contents of
applications for an award, 29 CFR part
16, subpart B.
E:\FR\FM\21MRN1.SGM
21MRN1
]]>Agencies
[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Page 15341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6534]
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DEPARTMENT OF JUSTICE
Notice of Lodging of a Stipulated Order for Preliminary Relief
Pursuant to the Clean Water Act
Notice is hereby given that a proposed Stipulated Order for
Preliminary Relief was lodged on March 15, 2011, with the United States
District Court for the Northern District of California in United States
of America et al. v. City of Alameda, et al., Civ. No. C 09-05684 RS.
The United States of America and the People of the State of
California ex rel. California State Water Resources Control Board and
California Regional Water Quality Control Board, San Francisco Bay
Region (together ``Water Boards''), and Plaintiff-Intervenor San
Francisco Baykeeper (``Baykeeper''), brought claims under Sections 301
and 402 of the Clean Water Act, 33 U.S.C. 1251, et seq., against seven
municipal defendants, including the City of Alameda, the City of
Albany, the City of Berkeley, the City of Emeryville, the City of
Oakland, the City of Piedmont and the Stege Sanitary District (together
``Satellite Communities'').
The United States, the Water Boards and Baykeeper allege that the
Satellite Communities are in violation of the Clean Water Act and their
National Pollutant Discharge Elimination System (``NPDES'') Permits
because they have unlawful sanitary sewer overflows (``SSOs'') during
wet weather. They also allege that the Satellite Communities are in
violation of the operation and maintenance provisions of their NPDES
Permits because they contribute excessive flow to treatment systems
owned and operated by the East Bay Municipal Utilities District
(``EBMUD''), which causes EBMUD to violate the Clean Water Act and its
own NPDES permit.
The proposed Stipulated Order for Preliminary Relief complements a
January 2009 interim settlement with EBMUD. Among other things, the
EBMUD settlement requires EBMUD to study flow from the Satellite
Communities and make recommendations to EPA and the Water Boards as to
how that flow can be reduced to prevent discharges from three wet
weather facilities (``WWFs'').
This Stipulated Order for Preliminary Relief represents an interim
solution that will move the parties toward a final resolution of the
claims in the complaint. It will require the Satellite Communities to
gather information that EBMUD will use to determine how to reduce flows
to its system. It will also require the Satellite Communities to begin
taking steps to reduce inflow and infiltration into their collection
systems. This settlement, together with the earlier interim settlement
with EBMUD, will provide EBMUD, EPA and the Water Boards with the
information necessary to achieve a final settlement that will eliminate
discharges from the WWFs.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Stipulated Order for Preliminary Relief. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, and should refer to United States
et al. v. City of Alameda et al., DJ No. 90-5-1-1-09361/1.
The proposed Stipulated Order for Preliminary Relief may be
examined at the Region 9 Office of the Environmental Protection Agency,
75 Hawthorne Street, San Francisco, CA, 94105. During the public
comment period, the proposed Stipulated Order for Preliminary Relief
may also be examined on the following Department of Justice Web site,
https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the
Stipulated Order for Preliminary Relief may also be obtained by mail
from the Consent Decree Library, P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, or by faxing or e-mailing a request
to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097,
phone confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $25.00
(25 cents per page reproduction cost) payable to the U.S. Treasury. The
check should refer to United States et al. v. City of Alameda, et al.,
DJ No. 90-5-1-1-09361/1.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2011-6534 Filed 3-18-11; 8:45 am]
BILLING CODE 4410-15-P
