Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 56445-56446 [2022-19865]

Agencies

• Department of Justice

[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56445-56446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19865]


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DEPARTMENT OF JUSTICE


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

    On September 7, 2022, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of New Hampshire, in a lawsuit entitled United States v. State of New 
Hampshire and New Hampshire Fish and Game Department, Civil Action No. 
1:18-cv-00996-PB.
    The United States filed this lawsuit under sections 301(a), 309(b), 
and 504 of the Clean Water Act (``CWA''), 33 U.S.C. 1311(a), 1319(b), 
1364, against the State of New Hampshire and the New Hampshire Fish and 
Game Department (``NHF&G''), in connection with discharges of 
pollutants from the Powder Mill State Fish Hatchery, in New Durham, New 
Hampshire (the ``Hatchery''). The Hatchery is owned by the State and 
operated by NHF&G. The Complaint asserts two claims for injunctive 
relief. The first claim alleges that the State and NHF&G violated a 
National Pollutant Discharge Elimination System permit (Permit No. 
NH0000710; the ``Permit''), issued by EPA under section 402 of the CWA, 
33 U.S.C. 1342, by exceeding its narrative and numeric discharge limits 
for total phosphorus and pH, in violation of CWA section 309(b), 33 
U.S.C. 1319(b). The second claim alleges that such discharges have 
caused or contributed to contamination, eutrophication, and the growth 
of toxic cyanobacteria in the Merrymeeting River and its impoundments, 
known as Marsh, Jones, and Downing Ponds, which poses an imminent and 
substantial endangerment to human health and welfare, in violation of 
CWA section 504, 33 U.S.C. 1364.
    Under the proposed consent decree, NHF&G must implement measures 
designed to bring the Hatchery into compliance with the CWA and the 
Permit by the end of 2025. These measures include constructing and 
operating new wastewater treatment systems and upgrading other aspects 
of the Hatchery's facilities and operations, and implementing best 
management practices related to flow, pH, and phosphorus, such as 
adding a neutralizing agent, reconfiguring facility

[[Page 56446]]

tanks to promote the settling of solids containing phosphorus, and 
increasing the frequency of removal of these solids. The proposed 
consent decree also requires NHF&G to perform a phosphorus assessment 
and remediation options study for the Merrymeeting River and its 
impoundments.
    The United States filed its complaint as plaintiff-intervenor in a 
civil action initiated in 2018 by the Conservation Law Foundation 
(``CLF''), under the CWA's citizen-suit provision, 33 U.S.C. 1365, 
entitled Conservation Law Foundation v. Scott Mason, Executive Director 
of NHF&G, et al., Civil Action No. 1:18-cv-00996-PB. In that action, 
CLF asserted CWA claims arising from the same or similar circumstances 
as those that gave rise to the United States' claims. In addition to 
resolving the United States' claims, the proposed consent decree 
resolves CLF's claims in this related action.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. State of New Hampshire and New 
Hampshire Fish and Game Department, D.J. Ref. No. 90-5-1-1-12466. All 
comments must be submitted no later than 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 e-mail.................................  [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. Paper copies of the consent 
decree are available upon written request and payment of reproduction 
costs. Such requests and payments should be addressed to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    With each such request, please enclose a check or money order for 
$12.75 (25 cents per page reproduction cost) per paper copy, payable to 
the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-19865 Filed 9-13-22; 8:45 am]
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