Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 61328 [2017-27816]

Download as PDF 61328 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices Dated: December 20, 2017. Beth A. Williams, Assistant Attorney General, Office of Legal Policy. [FR Doc. 2017–27885 Filed 12–26–17; 8:45 am] BILLING CODE 4410–BB–P DEPARTMENT OF JUSTICE daltland on DSKBBV9HB2PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On December 20, 2017, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of Pennsylvania in the lawsuit entitled United States and Commonwealth of Pennsylvania Department of Environmental Protection (PADEP) v. City of Lancaster, Pennsylvania, Civil Action No. 17–cv–5684. In a civil action filed on December 19, 2017, under Section 309(d) of the Clean Water Act and the Pennsylvania Clean Streams Law, Act of June 22, 1987, P.S. 1937, as amended, 35 P.S. §§ 691.1–691.1001, the United States, on behalf of the Environmental Protection Agency, and PADEP alleged that Lancaster violated its National Pollutant Discharge Elimination System (‘‘NPDES’’) permit and the Clean Water Act and Pennsylvania Clean Streams Law by failing to develop and implement an adequate Long Term Control Plan (‘‘LTCP’’), violating effluent limits, failing to comply with the Nine Minimum Control Requirements, and discharging sanitary sewer overflows. In the Complaint, the United States and PADEP sought injunctive relief and penalties. The proposed Consent Decree resolves the claims alleged in the Complaint, and requires the City to take specified actions designed to achieve compliance with the Clean Water Act, Clean Streams Law, and the City’s NPDES Permit. The proposed Consent Decree requires the City to submit an Amended Long Term Control Plan in accordance with the schedules contained in the Decree. In addition, City must pay a civil penalty of $135,000, to be split equally between the United States and PADEP, and the City must complete a Supplemental Environmental Project designed to improve water quality in the Conestoga River. The SEP involves daylighting a stream in the City of Lancaster, identified as Groff’s Run.23. The publication of this notice opens a period for public comment on the Consent Decree. Please address comments to the Assistant Attorney VerDate Sep<11>2014 21:43 Dec 26, 2017 Jkt 244001 General, Environment and Natural Resources Division and refer to United States and Commonwealth of Pennsylvania Department of Environmental Protection v. City of Lancaster, DJ. Ref. No. 90–5–1–1–11135. 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 .................... pubcommentees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ...................... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the 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 $23.25 (25 cents per page reproduction cost) payable to the United States Treasury. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–27816 Filed 12–26–17; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under The Comprehensive Environmental Response, Compensation and Liability Act On December 20, 2017, the Department of Justice lodged a proposed consent decree (‘‘Decree’’) with the United States District Court for the Northern District of New York in the lawsuit entitled United States v. Honeywell International Inc. and Onondaga County, New York, Civil Action No. 5:17–cv–01364–FJS–DEP. The proposed Decree resolves claims under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 against Honeywell International Inc. (‘‘Honeywell’’) and Onondaga County (‘‘County’’) (collectively the ‘‘Defendants’’) for natural resource damages resulting from the releases of hazardous substances at or from the Defendants’ facilities at the Onondaga Lake Superfund Site, located in the City of Syracuse, New York. The proposed Decree provides that Honeywell will (1) implement and maintain 20 restoration projects to restore and protect wildlife habitat and water quality, and increase recreational opportunities at Onondaga Lake; (2) pay $5 million for future restoration projects to be undertaken by the Trustees; (3) pay $500,000.00 toward stewardship activities to protect and maintain restoration projects; and (4) pay $750,000.00 for Trustees’ future oversight costs. The proposed Decree also requires that the County will operate, repair, maintain, and monitor five of these restoration projects located on or adjacent to County parklands for 25 years. The Defendants’ work and payment obligations under the Decree total more than $26 million. Appendix A to the proposed Decree is the Final Onondaga Lake Natural Resource Damage Assessment Restoration Plan and Environmental Assessment (‘‘RP/EA’’) issued in August 2017. The RP/EA describes the natural resource injuries and associated losses and outlines the 20 restoration projects. The plan also includes responses to oral and written comments received from the public on the draft plan during a 90-day public comment period, which included four public meetings and one public hearing held during the spring 2017. The final RP/EA is available at http:// www.fws.gov/northeast/nyfo/ec/ onondaga.htm The publication of this notice opens a period for public comment on the proposed Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Honeywell International Inc. and Onondaga County, New York, D.J. Ref. No. 90–11– 3–08348/1. 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 ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Page 61328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27816]


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DEPARTMENT OF JUSTICE


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

    On December 20, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Pennsylvania in the lawsuit entitled United States and 
Commonwealth of Pennsylvania Department of Environmental Protection 
(PADEP) v. City of Lancaster, Pennsylvania, Civil Action No. 17-cv-
5684. In a civil action filed on December 19, 2017, under Section 
309(d) of the Clean Water Act and the Pennsylvania Clean Streams Law, 
Act of June 22, 1987, P.S. 1937, as amended, 35 P.S. Sec. Sec.  691.1-
691.1001, the United States, on behalf of the Environmental Protection 
Agency, and PADEP alleged that Lancaster violated its National 
Pollutant Discharge Elimination System (``NPDES'') permit and the Clean 
Water Act and Pennsylvania Clean Streams Law by failing to develop and 
implement an adequate Long Term Control Plan (``LTCP''), violating 
effluent limits, failing to comply with the Nine Minimum Control 
Requirements, and discharging sanitary sewer overflows. In the 
Complaint, the United States and PADEP sought injunctive relief and 
penalties.
    The proposed Consent Decree resolves the claims alleged in the 
Complaint, and requires the City to take specified actions designed to 
achieve compliance with the Clean Water Act, Clean Streams Law, and the 
City's NPDES Permit. The proposed Consent Decree requires the City to 
submit an Amended Long Term Control Plan in accordance with the 
schedules contained in the Decree. In addition, City must pay a civil 
penalty of $135,000, to be split equally between the United States and 
PADEP, and the City must complete a Supplemental Environmental Project 
designed to improve water quality in the Conestoga River. The SEP 
involves daylighting a stream in the City of Lancaster, identified as 
Groff's Run.23.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Please address comments to the Assistant Attorney 
General, Environment and Natural Resources Division and refer to United 
States and Commonwealth of Pennsylvania Department of Environmental 
Protection v. City of Lancaster, DJ. Ref. No. 90-5-1-1-11135. 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..................................  [email protected].
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 Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $23.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

 Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-27816 Filed 12-26-17; 8:45 am]
 BILLING CODE 4410-15-P