Notice of Lodging of Proposed Second Amendment to Consent Decree Under the Clean Water Act, 81521 [2020-27680]
Download as PDF
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices
Daniel W. Sparks, and should refer to:
Marathon Settlement Agreement. 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 .......
By mail .........
daniel_sparks@fws.gov.
Daniel W. Sparks, Senior Fish
and Wildlife Biologist, U.S.
Fish and Wildlife Service,
620 S Walker St., Bloomington, IN 47403.
During the public comment period,
the Settlement Agreement may be
examined and downloaded at this
website: https://www.fws.gov/midwest/
es/ec/nrda/BigCreekIndiana/
Index.html#AdminRecord. We will
provide a paper copy of the Settlement
Agreement upon written request and
payment of reproduction costs. Please
mail your request and payment to:
Assistant Solicitor, Environmental
Restoration Branch, Office of the
Solicitor, U.S. Department of the
Interior, 1849 C Street NW, MS 6318,
Washington, DC 20240.
Please enclose a check or money order
for $2.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2020–27679 Filed 12–15–20; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
khammond on DSKJM1Z7X2PROD with NOTICES
Notice of Lodging of Proposed Second
Amendment to Consent Decree Under
the Clean Water Act
On December 11, 2020, the
Department of Justice lodged a proposed
Second Amendment to Consent Decree
(‘‘Second Amendment’’) with the
United States District Court for the
Northern District of Ohio in the lawsuit
entitled United States and the State of
Ohio v. Northeast Ohio Regional Sewer
District, Civil Action No. 1:10–cv–
02895.
The United States, on behalf of the
U.S. Environmental Protection Agency,
and the State of Ohio, on behalf of the
Ohio Environmental Protection Agency
(‘‘Ohio EPA’’), filed a complaint under
the Clean Water Act asserting claims
related to discharges from the Northeast
Ohio Regional Sewer District’s
(‘‘NEORSD’’) municipal wastewater and
VerDate Sep<11>2014
17:32 Dec 15, 2020
Jkt 253001
sewer system. The United States sought
civil penalties and injunctive relief.
On July 7, 2011, the Court entered a
Consent Decree that required that
NEORSD implement injunctive
measures and required payment of civil
penalties. The injunctive relief in the
Consent Decree requires, inter alia, that
the District undertake an extensive
program of improvements in its
combined sewer overflow control
infrastructure and that it significantly
expand the capacity of its three
wastewater treatment plants in order to
increase the ability of the plants to treat
increased sewer flows during wet
weather.
The proposed Second Amendment
relates primarily to work that remains to
be completed at the Southerly and
Westerly wastewater treatment plants
(Control Measures 5 and 3 specified in
Appendix 1) and proposed changes to
the structure of the improvements
required by Control Measures 13, 14, 15,
16, 17, 20, 21, 22, and 24 of Appendix
1. The proposed modifications are
reflected in changes to the language of
the Consent Decree, Appendix 1, and
Appendix 2.
With regard to Southerly, the Consent
Decree required two significant
upgrades to increase the Southerly
plant’s peak wet weather capacity:
Construction of a 125 MGD CEHRT
facility and expansion of secondary
treatment capacity from 400 MGD to 615
MGD. To address the District’s concerns
about constructability and operability of
the required expansion of secondary
treatment capacity, the proposed
modification instead requires the
expansion of the secondary system to
480 MGD and an expansion of the
capacity of the CEHRT to 255 MGD.
With regard to Westerly, the Consent
Decree, in Control Measure 3 of
Appendix 1, requires the District to
modify and expand an existing wet
weather storage and sedimentation
facility (the ‘‘CSOTF’’) to provide
CEHRT treatment for flows up to 411
MGD. The Parties recognized after entry
of the Consent Decree that site space
constraints, upstream hydraulic
limitations, and the potential for CEHRT
infrastructure flooding requires the
occasional use of a center channel
diversion in such a manner that limits
the District’s ability to treat 411 MGD at
all times and therefore propose to
address the limitations of the CEHRT
treatment capacity by detailing the
infrastructure to be constructed and
circumstances under which the use of
the center channel diversion is allowed
to be used.
Appendix 2 of the Consent Decree
presents the requirements for post-
PO 00000
Frm 00080
Fmt 4703
Sfmt 9990
81521
construction monitoring of the control
measures that the District is required to
implement. For both Southerly and
Westerly CEHRT systems, the Parties
decided to add to Appendix 2 detailed
descriptions of the processes and
methods for conducting postconstruction monitoring of the CEHRT
systems instead of those details being
addressed through a separate
deliverable submitted by the District
and subject to Plaintiffs’ review and
approval.
The proposed modification also
updates the Notice requirements of the
Consent Decree and makes replacements
to Paragraph 18 of the Consent Decree
based on the Southerly and Westerly
modifications described above.
The publication of this notice opens
a period for public comment on the
Second Amendment. Comments should
be addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and the State of Ohio v.
Northeast Ohio Regional Sewer District,
D.J. Ref. No. 90–5–1–1–08177/1. 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 .........
During the public comment period,
the Second Amendment 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
Second Amendment 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 $ 59.00 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2020–27680 Filed 12–15–20; 8:45 am]
BILLING CODE 4410–15–P
E:\FR\FM\16DEN1.SGM
16DEN1
Agencies
[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Page 81521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27680]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Second Amendment to Consent Decree
Under the Clean Water Act
On December 11, 2020, the Department of Justice lodged a proposed
Second Amendment to Consent Decree (``Second Amendment'') with the
United States District Court for the Northern District of Ohio in the
lawsuit entitled United States and the State of Ohio v. Northeast Ohio
Regional Sewer District, Civil Action No. 1:10-cv-02895.
The United States, on behalf of the U.S. Environmental Protection
Agency, and the State of Ohio, on behalf of the Ohio Environmental
Protection Agency (``Ohio EPA''), filed a complaint under the Clean
Water Act asserting claims related to discharges from the Northeast
Ohio Regional Sewer District's (``NEORSD'') municipal wastewater and
sewer system. The United States sought civil penalties and injunctive
relief.
On July 7, 2011, the Court entered a Consent Decree that required
that NEORSD implement injunctive measures and required payment of civil
penalties. The injunctive relief in the Consent Decree requires, inter
alia, that the District undertake an extensive program of improvements
in its combined sewer overflow control infrastructure and that it
significantly expand the capacity of its three wastewater treatment
plants in order to increase the ability of the plants to treat
increased sewer flows during wet weather.
The proposed Second Amendment relates primarily to work that
remains to be completed at the Southerly and Westerly wastewater
treatment plants (Control Measures 5 and 3 specified in Appendix 1) and
proposed changes to the structure of the improvements required by
Control Measures 13, 14, 15, 16, 17, 20, 21, 22, and 24 of Appendix 1.
The proposed modifications are reflected in changes to the language of
the Consent Decree, Appendix 1, and Appendix 2.
With regard to Southerly, the Consent Decree required two
significant upgrades to increase the Southerly plant's peak wet weather
capacity: Construction of a 125 MGD CEHRT facility and expansion of
secondary treatment capacity from 400 MGD to 615 MGD. To address the
District's concerns about constructability and operability of the
required expansion of secondary treatment capacity, the proposed
modification instead requires the expansion of the secondary system to
480 MGD and an expansion of the capacity of the CEHRT to 255 MGD.
With regard to Westerly, the Consent Decree, in Control Measure 3
of Appendix 1, requires the District to modify and expand an existing
wet weather storage and sedimentation facility (the ``CSOTF'') to
provide CEHRT treatment for flows up to 411 MGD. The Parties recognized
after entry of the Consent Decree that site space constraints, upstream
hydraulic limitations, and the potential for CEHRT infrastructure
flooding requires the occasional use of a center channel diversion in
such a manner that limits the District's ability to treat 411 MGD at
all times and therefore propose to address the limitations of the CEHRT
treatment capacity by detailing the infrastructure to be constructed
and circumstances under which the use of the center channel diversion
is allowed to be used.
Appendix 2 of the Consent Decree presents the requirements for
post-construction monitoring of the control measures that the District
is required to implement. For both Southerly and Westerly CEHRT
systems, the Parties decided to add to Appendix 2 detailed descriptions
of the processes and methods for conducting post-construction
monitoring of the CEHRT systems instead of those details being
addressed through a separate deliverable submitted by the District and
subject to Plaintiffs' review and approval.
The proposed modification also updates the Notice requirements of
the Consent Decree and makes replacements to Paragraph 18 of the
Consent Decree based on the Southerly and Westerly modifications
described above.
The publication of this notice opens a period for public comment on
the Second Amendment. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and the State of Ohio v. Northeast Ohio
Regional Sewer District, D.J. Ref. No. 90-5-1-1-08177/1. 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............................ [email protected].
By mail............................. Assistant Attorney General,
U.S. DOJ--ENRD,
P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Second Amendment 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 Second Amendment 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 $ 59.00 (25 cents per
page reproduction cost) payable to the United States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2020-27680 Filed 12-15-20; 8:45 am]
BILLING CODE 4410-15-P