Notice of Lodging of Proposed Interim Partial Consent Decree Under the Clean Water Act, 67500-67501 [2022-24327]

Download as PDF 67500 Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices License Search, https:// search.dca.ca.gov (last visited date of signature of this Order). Accordingly, the Agency finds that Respondent is not licensed to engage in the practice of nursing in California, the state in which he is registered with the DEA. 7 lotter on DSK11XQN23PROD with NOTICES1 Discussion Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823 of the Controlled Substances Act ‘‘upon a finding that the registrant . . . has had his State license or registration suspended . . . [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.’’ With respect to a practitioner, the DEA has also long held that the possession of authority to dispense controlled substances under the laws of the state in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner’s registration. See, e.g., James L. Hooper, M.D., 76 FR 71,371 (2011), pet. for rev. denied, 481 F. App’x 826 (4th Cir. 2012); Frederick Marsh Blanton, M.D., 43 FR 27,616, 27,617 (1978). 8 Respondent may dispute the Agency’s finding by filing a properly supported motion for reconsideration of finding of fact within fifteen calendar days of the date of this Order. Any such motion and response shall be filed and served by email to the other party and to Office of the Administrator, Drug Enforcement Administration at dea.addo.attorneys@dea.usdoj.gov. 7 Regarding Respondent’s argument that his DEA registration should not be revoked because he maintains active nursing licenses in Colorado, Respondent’s DEA registration is based on his California nursing licenses, which have undeniably been revoked. Omar Garcia, M.D., 87 FR 32,186, 32,187 n.6 (2022). 8 This rule derives from the text of two provisions of the CSA. First, Congress defined the term ‘‘practitioner’’ to mean ‘‘a physician . . . or other person licensed, registered, or otherwise permitted, by . . . the jurisdiction in which he practices . . . , to distribute, dispense, . . . [or] administer . . . a controlled substance in the course of professional practice.’’ 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that ‘‘[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.’’ 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, the DEA has held repeatedly that revocation of a practitioner’s registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the state in which he practices. See, e.g., James L. Hooper, 76 FR at 71,371–72; Sheran Arden Yeates, M.D., 71 FR 39,130, 39,131 (2006); Dominick A. Ricci, M.D., 58 FR 51,104, 51,105 (1993); Bobby Watts, M.D., 53 FR 11,919, 11,920 (1988); Frederick Marsh Blanton, 43 FR at 27,617. Moreover, because ‘‘the controlling question’’ in a proceeding brought under 21 U.S.C. 824(a)(3) is VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 According to California statute, ‘‘dispense’’ means ‘‘to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, furnishing, packaging, labeling, or compounding necessary to prepare the substance for that delivery.’’ Cal. Health & Safety Code § 11010 (West 2022). Further, a ‘‘practitioner’’ means a person ‘‘licensed, registered, or otherwise permitted, to distribute, dispense, conduct research with respect to, or administer, a controlled substance in the course of professional practice or research in this state.’’ Id. at § 11026(c). Here, the undisputed evidence in the record is that Respondent lacks authority to practice nursing in California. As discussed above, an individual must be a licensed practitioner to dispense a controlled substance in California. Thus, because Respondent lacks authority to practice nursing in California and, therefore, is not authorized to handle controlled substances in California, Respondent is not eligible to maintain a DEA registration. Accordingly, the Agency will order that Respondent’s DEA registration be revoked. Order Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 824(a), I hereby revoke DEA Certificate of Registration No. MB2171128 issued to Gerald M. Baltz, N.P. Further, pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(f), I hereby deny any pending applications of Gerald M. Baltz, N.P., to renew or modify this registration, as well as any other pending application of Gerald M. Baltz, N.P., for additional registration in California. This Order is effective December 8, 2022. Signing Authority This document of the Drug Enforcement Administration was signed on November 1, 2022, by Administrator Anne Milgram. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with whether the holder of a practitioner’s registration ‘‘is currently authorized to handle controlled substances in the [S]tate,’’ Hooper, 76 FR at 71,371 (quoting Anne Lazar Thorn, 62 FR 12,847, 12,848 (1997)), the Agency has also long held that revocation is warranted even where a practitioner is still challenging the underlying action. Bourne Pharmacy, 72 FR 18,273, 18,274 (2007); Wingfield Drugs, 52 FR 27,070, 27,071 (1987). Thus, it is of no consequence that Respondent is still challenging the underlying action. What is consequential is the Agency’s finding that Respondent is not currently authorized to dispense controlled substances in California, the state in which he is registered with the DEA. PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Heather Achbach, Federal Register Liaison Officer, Drug Enforcement Administration. [FR Doc. 2022–24303 Filed 11–7–22; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Interim Partial Consent Decree Under the Clean Water Act On October 31, 2022, the Department of Justice lodged a proposed Interim Partial Consent Decree with the United States District Court for the Northern District of Ohio, Western Division, in the lawsuit entitled United States of America and the State of Ohio v. City of Lakewood, Ohio, Civil Action No. 1:22–cv–01964. The United States and the State of Ohio filed this lawsuit under the Clean Water Act against the City of Lakewood, Ohio. The complaint seeks injunctive relief and civil penalties for violations of the regulations that govern discharges of pollutants to waters of the United States. The Complaint alleges that on numerous occasions since January 2016, Lakewood has: (1) discharged untreated sanitary sewage into nearby waterbodies in violation of the Clean Water Act; and (2) discharged effluent from combined sewer overflow outfalls in violation of its permit. The United States and the State of Ohio reached agreement with Lakewood on an Interim Partial Consent Decree, which will partially resolve the claims in the complaint. It will resolve all civil penalty claims, but will not fully resolve the injunctive relief claims alleged in the complaint. The Decree requires Lakewood to undertake several projects to greatly reduce discharges of untreated sanitary sewage into Lake Erie and the Rocky River. Lakewood will then be required to submit an updated plan to reduce discharges of sanitary sewage in the remainder of Lakewood’s sewer system. Lakewood will ultimately be required to implement its updated plan through a subsequent, enforceable agreement with the United States and the State of Ohio and demonstrate compliance with the Clean Water Act, which will fully resolve all of the E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices injunctive relief claims in the complaint. Lakewood will pay a civil penalty of $100,000, split evenly between the United States and the State. The State joins in the proposed Decree. The publication of this notice opens a period for public comment on the consent decree. 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. City of Lakewood, Ohio, D.J. Ref. No. 90–5–1–1–08725/1. 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 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 $18.75 (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. 2022–24327 Filed 11–7–22; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration lotter on DSK11XQN23PROD with NOTICES1 Federal-State Unemployment Compensation Program: Certifications for 2022 Under the Federal Unemployment Tax Act Employment and Training Administration. ACTION: Notice. AGENCY: The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 et seq., thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below. Signed in Washington, DC, October 31, 2022. Brent Parton, Acting Assistant Secretary, Employment and Training. The Honorable Janet L. Yellen Secretary of the Treasury U.S. Department of the Treasury 1500 Pennsylvania Avenue NW Washington, DC 20220 Dear Secretary Yellen: Enclosed are an original and a copy of two separate certifications regarding unemployment compensation laws, pursuant to the Federal Unemployment Tax Act, for the 12-month period ending on October 31, 2022. One certification is required with respect to the ‘‘normal’’ federal unemployment tax credit by Section 3304 of the Internal Revenue Code of 1986 (IRC), and the other certification is required with respect to the ‘‘additional’’ tax credit by Section 3303 of the IRC. Both certifications list all 53 jurisdictions. Sincerely, MARTIN J. WALSH Enclosures CERTIFICATION OF STATES TO THE SECRETARY OF THE TREASURY PURSUANT TO SECTION 3304(c) OF THE INTERNAL REVENUE CODE OF 1986 In accordance with the provisions of Section 3304(c) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(c)), I hereby certify the following named states to the Secretary of the Treasury for the 12-month period ending on October 31, 2022, in regard to the unemployment compensation laws of those states, which heretofore have been approved under the Federal Unemployment Tax Act: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 67501 Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming This certification is for the maximum credit allowable under Section 3302(a) of the Code. Signed at Washington, DC, on October 31, 2021. MARTIN J. WALSH CERTIFICATION OF STATE UNEMPLOYMENT COMPENSATION LAWS THE SECRETARY OF THE TREASURY PURSUANT TO SECTION 3303(b)(1) OF THE INTERNAL REVENUE CODE OF 1986 In accordance with the provisions of paragraph (1) of Section 3303(b) of the Internal Revenue Code of 1986 (26 U.S.C. 3303(b)(1)), I hereby certify the unemployment compensation laws of the following named states, which heretofore have been certified pursuant to paragraph (3) of Section 3303(b) of the Code, to the Secretary of the Treasury for the 12-month period ending on October 31, 2022: Alabama Alaska Arizona Arkansas California E:\FR\FM\08NON1.SGM 08NON1

Agencies

Department of Justice

[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67500-67501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24327]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On October 31, 2022, the Department of Justice lodged a proposed 
Interim Partial Consent Decree with the United States District Court 
for the Northern District of Ohio, Western Division, in the lawsuit 
entitled United States of America and the State of Ohio v. City of 
Lakewood, Ohio, Civil Action No. 1:22-cv-01964.
    The United States and the State of Ohio filed this lawsuit under 
the Clean Water Act against the City of Lakewood, Ohio. The complaint 
seeks injunctive relief and civil penalties for violations of the 
regulations that govern discharges of pollutants to waters of the 
United States. The Complaint alleges that on numerous occasions since 
January 2016, Lakewood has: (1) discharged untreated sanitary sewage 
into nearby waterbodies in violation of the Clean Water Act; and (2) 
discharged effluent from combined sewer overflow outfalls in violation 
of its permit.
    The United States and the State of Ohio reached agreement with 
Lakewood on an Interim Partial Consent Decree, which will partially 
resolve the claims in the complaint. It will resolve all civil penalty 
claims, but will not fully resolve the injunctive relief claims alleged 
in the complaint. The Decree requires Lakewood to undertake several 
projects to greatly reduce discharges of untreated sanitary sewage into 
Lake Erie and the Rocky River. Lakewood will then be required to submit 
an updated plan to reduce discharges of sanitary sewage in the 
remainder of Lakewood's sewer system. Lakewood will ultimately be 
required to implement its updated plan through a subsequent, 
enforceable agreement with the United States and the State of Ohio and 
demonstrate compliance with the Clean Water Act, which will fully 
resolve all of the

[[Page 67501]]

injunctive relief claims in the complaint. Lakewood will pay a civil 
penalty of $100,000, split evenly between the United States and the 
State. The State joins in the proposed Decree.
    The publication of this notice opens a period for public comment on 
the consent decree. 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. City of 
Lakewood, Ohio, D.J. Ref. No. 90-5-1-1-08725/1. 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 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 $18.75 (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. 2022-24327 Filed 11-7-22; 8:45 am]
BILLING CODE 4410-15-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.