Notice of Lodging of a Consent Decree Pursuant to the Clean Water Act, 43860 [2012-18267]

Download as PDF 43860 Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Notices Decree Library at the address given above. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–18286 Filed 7–25–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE TKELLEY on DSK3SPTVN1PROD with NOTICES Notice of Lodging of a Consent Decree Pursuant to the Clean Water Act Notice is hereby given that a proposed Consent Decree in United States of America and the State of Tennessee v. City of Chattanooga, Tennessee, Civ. No. 1:12–cv–00245, was lodged on July 17, 2012 with the United States District Court for the Eastern District of Tennessee, Chattanooga Division. The proposed Consent Decree would resolve certain claims under Sections 301, 309 and 402 of the Clean Water Act, 33 U.S.C. 1251, et seq., against the City of Chattanooga (‘‘City’’ or ‘‘Chattanooga’’), through the performance of injunctive measures, the payment of a civil penalty, and the performance of Supplemental Environmental Projects (‘‘SEPs’’). The United States and the State of Tennessee allege that the City is liable as a person who has discharged a pollutant from a point source to navigable waters of the United States without a permit and, in some cases, in excess of permit limitations. The proposed Consent Decree would resolve the liability of Chattanooga for the violations alleged in the complaint filed in this matter. To resolve these claims, Chattanooga would perform the injunctive measures as described in the proposed Consent Decree. More specifically, the proposed consent decree will require Chattanooga to comprehensively assess and rehabilitate its entire sewer collection system to eliminate overflows of untreated raw sewage. Chattanooga will perform rehabilitation projects to address known problems within the collection system; implement programs to ensure proper management, operation and maintenance of its sewer systems; and install additional controls on the Chattanooga Creek combined sewer outfalls to ensure compliance with water quality standards. In addition, Chattanooga would pay a civil penalty of $476,400. The penalty will be split evenly between the United States and the State. The City will pay $238,200 to the United States Treasury. At the direction of the state, the other half of the civil penalty will be paid by VerDate Mar<15>2010 16:42 Jul 25, 2012 Jkt 226001 Chattanooga through the performance of green infrastructure demonstration projects. In addition, Chattanooga has agreed to perform a stream restoration supplemental environmental project at a cost of $800,000. The Department of Justice will receive comments relating to the proposed Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed 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 of America and the State of Tennessee v. City of Chattanooga, DJ No. 90–5–1–1–10145. The proposed Consent Decree may be examined at the Region 4 Office of the Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta GA 30303. During the public comment period, the decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the decree 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 ‘‘Consent Decree Copy’’ (EESCDCopy.enrd@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–5271. In requesting a copy from the Consent Decree Library, please refer to United States of America and the State of Tennessee v. City of Chattanooga, (proposed Consent Decree, DOJ Ref. No. 90–5–1–1–10145), and enclose a check in the amount of $75.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–18267 Filed 7–25–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Clean Water Act In accordance with 28 CFR 50.7, 38 FR 19029, notice is hereby given that on July 2, 2012, a Consent Decree was lodged with the United States District Court for the District of Massachusetts PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 in United States v. Fairhaven Shipyard Companies, Inc., Civil Action No. 12– CV–11191–MBB. A complaint in the action was also filed simultaneously with the lodging of the Consent Decree. In the complaint the United States, on behalf of the U.S. Environmental Protection Agency (EPA), alleges that the defendant Fairhaven Shipyard Companies, Inc. (‘‘Fairhaven Shipyard’’) violated Sections 301, 311, and 402 of the Clean Water Act, 33 U.S.C. 1311, 1321, and 1342, applicable regulations relating to the discharge of process water and storm water, and applicable oil pollution prevention regulations, at Fairhaven Shipyard’s two facilities at 50 Fort Street and 32 Water Street in Fairhaven, Massachusetts. The consent decree requires Fairhaven Shipyard to pay a civil penalty of $175,000 and undertake measures to achieve compliance with the above-referenced provisions of the Clean Water Act and applicable regulations at the two facilities. For a period of thirty (30) days from the date of this publication, the United States Department of Justice will receive comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General for the Environment and Natural Resources Division, and should either be emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box 7611, Washington, DC 20044–7611. The comments should refer to United States v. Fairhaven Shipyard Companies, Inc., D.J. Ref.# 90–5–1–1– 10216. During the public comment period, the proposed Consent Decree may be examined at the office of the United States Attorney, Suite 9200, 1 Courthouse Way, Boston, Massachusetts 02110, and at the Region I office of the Environmental Protection Agency, One Congress Street, Suite 1100, Boston, Massachusetts 02114. The proposed Consent Decree may also be obtained at the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy may also be obtained by mail from the Department of Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044–7611 or by faxing or emailing a request to ‘‘Consent Decree Copy’’ (EESCDCopy.enrd@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–5271. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $11.75 ($.25 per page) payable to the U.S. Treasury, or if be email or fax, forward a check in that E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Notices]
[Page 43860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18267]


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DEPARTMENT OF JUSTICE


Notice of Lodging of a Consent Decree Pursuant to the Clean Water 
Act

    Notice is hereby given that a proposed Consent Decree in United 
States of America and the State of Tennessee v. City of Chattanooga, 
Tennessee, Civ. No. 1:12-cv-00245, was lodged on July 17, 2012 with the 
United States District Court for the Eastern District of Tennessee, 
Chattanooga Division.
    The proposed Consent Decree would resolve certain claims under 
Sections 301, 309 and 402 of the Clean Water Act, 33 U.S.C. 1251, et 
seq., against the City of Chattanooga (``City'' or ``Chattanooga''), 
through the performance of injunctive measures, the payment of a civil 
penalty, and the performance of Supplemental Environmental Projects 
(``SEPs''). The United States and the State of Tennessee allege that 
the City is liable as a person who has discharged a pollutant from a 
point source to navigable waters of the United States without a permit 
and, in some cases, in excess of permit limitations.
    The proposed Consent Decree would resolve the liability of 
Chattanooga for the violations alleged in the complaint filed in this 
matter. To resolve these claims, Chattanooga would perform the 
injunctive measures as described in the proposed Consent Decree. More 
specifically, the proposed consent decree will require Chattanooga to 
comprehensively assess and rehabilitate its entire sewer collection 
system to eliminate overflows of untreated raw sewage. Chattanooga will 
perform rehabilitation projects to address known problems within the 
collection system; implement programs to ensure proper management, 
operation and maintenance of its sewer systems; and install additional 
controls on the Chattanooga Creek combined sewer outfalls to ensure 
compliance with water quality standards.
    In addition, Chattanooga would pay a civil penalty of $476,400. The 
penalty will be split evenly between the United States and the State. 
The City will pay $238,200 to the United States Treasury. At the 
direction of the state, the other half of the civil penalty will be 
paid by Chattanooga through the performance of green infrastructure 
demonstration projects. In addition, Chattanooga has agreed to perform 
a stream restoration supplemental environmental project at a cost of 
$800,000.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed 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 of America and the State of Tennessee v. City of 
Chattanooga, DJ No. 90-5-1-1-10145.
    The proposed Consent Decree may be examined at the Region 4 Office 
of the Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street SW., Atlanta GA 30303. During the public comment period, 
the decree may also be examined on the following Department of Justice 
Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of 
the decree 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 ``Consent Decree 
Copy'' (EESCDCopy.enrd@usdoj.gov), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. In requesting a copy from the 
Consent Decree Library, please refer to United States of America and 
the State of Tennessee v. City of Chattanooga, (proposed Consent 
Decree, DOJ Ref. No. 90-5-1-1-10145), and enclose a check in the amount 
of $75.25 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if by email or fax, forward a check in that amount to the 
Consent Decree Library at the stated address.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-18267 Filed 7-25-12; 8:45 am]
BILLING CODE 4410-15-P
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