Notice of Lodging of Proposed Third Amended Consent Decree Under the Clean Water Act, 10384 [2023-03355]

Download as PDF 10384 Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices violations. The Partial Consent Decree resolved all claims against the City of Harrisburg and nearly all claims against CRW, except for claims regarding CRW’s implementation of a Long-Term Control Plan and claims for civil penalties against CRW. The Partial Consent Decree became effective on August 24, 2015. The Modification to Partial Consent Decree refines the 2015 Partial Consent Decree by requiring CRW to perform injunctive measures to ensure that the sewer system is capable of meeting capture goals in a Long-Term Control Plan. Those measures include, among other requirements, construction projects to help bring the sewer system to a functional baseline; public notification of combined sewer overflow events, including real-time monitoring of certain combined sewer outfalls, and submission of a Long-Term Control Plan that complies with EPA’s CSO Policy no later than December 31, 2024. The Modification provides the same resolution as the 2015 Partial Consent Decree; it does not resolve claims regarding CRW’s implementation of the Long-Term Control Plan and claims for civil penalties against CRW. The publication of this notice opens a period for public comment on the Modification to Partial Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and Pennsylvania Department of Environmental Protection v. Capital Region Water and City of Harrisburg, D.J. Ref. No. 90–5–1–1–10157. 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: By email ....... lotter on DSK11XQN23PROD with NOTICES1 By mail ......... Send them to: pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611. During the public comment period, the Modification to Partial 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 Modification to Partial Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— VerDate Sep<11>2014 17:13 Feb 16, 2023 Jkt 259001 ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $22.25 (25 cents per page reproduction cost) payable to the United States Treasury. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2023–03340 Filed 2–16–23; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Third Amended Consent Decree Under the Clean Water Act On February 13, 2023, the Department of Justice lodged a proposed Third Amendment to the Consent Decree with the United States District Court for the Northern District of Ohio in the lawsuit entitled United States v. City of Akron, Ohio, et al., Civil Action No. 09–cv– 00272. In this action the United States, and the State of Ohio in a cross-claim, sought civil penalties and injunctive relief for violations of the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the City of Akron’s (‘‘Akron’s’’ or ‘‘City’s’’) operation of its municipal wastewater treatment facility and sewer system. Under the Consent Decree, which was approved by the Court in January 2014, Akron was required to implement a comprehensive plan to address overflows from its combined sewer system and bypasses around secondary treatment at the wastewater treatment facility. That plan, known as the ‘‘Long Term Control Plan Update’’ (‘‘LTCP Update’’), which was approved by the United States in November 2011 and the State of Ohio in April 2012, sets forth specific projects that the City is required to implement, and identifies dates for completion of these projects. The proposed amendment modifies provisions of the 2014 Consent Decree that are set forth in the City’s LTCP Update. Specifically, the proposed amendment includes: (1) resizing a large tunnel (the Northside Interceptor Tunnel) from 23 million gallons (‘‘MG’’) to 10.3 MG; and (2) adding a new requirement for sewer separation at one of the City’s combined sewer overflow discharge points that would otherwise be controlled by the Northside Interceptor Tunnel. The publication of this notice opens a period for public comment on the proposed Third Amendment to the Consent Decree. Comments should be PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. City of Akron et al., D.J. Ref. No. 90–5–1–1–3144/2. 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, D.C. 20044–7611. By mail ......... During the public comment period, the proposed Third Amendment to 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 proposed Third Amended 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 $3.50 (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. 2023–03355 Filed 2–16–23; 8:45 am] BILLING CODE 4410–15–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [NOTICE: 22–007] Name of Information Collection: Survey of the Use of NASA Earth Observation Data by States, Tribes, and Territories National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. AGENCY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections. DATES: Comments are due by April 18, 2023. SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Page 10384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03355]


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

DEPARTMENT OF JUSTICE


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

    On February 13, 2023, the Department of Justice lodged a proposed 
Third Amendment to the Consent Decree with the United States District 
Court for the Northern District of Ohio in the lawsuit entitled United 
States v. City of Akron, Ohio, et al., Civil Action No. 09-cv-00272.
    In this action the United States, and the State of Ohio in a cross-
claim, sought civil penalties and injunctive relief for violations of 
the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the 
City of Akron's (``Akron's'' or ``City's'') operation of its municipal 
wastewater treatment facility and sewer system. Under the Consent 
Decree, which was approved by the Court in January 2014, Akron was 
required to implement a comprehensive plan to address overflows from 
its combined sewer system and bypasses around secondary treatment at 
the wastewater treatment facility. That plan, known as the ``Long Term 
Control Plan Update'' (``LTCP Update''), which was approved by the 
United States in November 2011 and the State of Ohio in April 2012, 
sets forth specific projects that the City is required to implement, 
and identifies dates for completion of these projects.
    The proposed amendment modifies provisions of the 2014 Consent 
Decree that are set forth in the City's LTCP Update. Specifically, the 
proposed amendment includes: (1) resizing a large tunnel (the Northside 
Interceptor Tunnel) from 23 million gallons (``MG'') to 10.3 MG; and 
(2) adding a new requirement for sewer separation at one of the City's 
combined sewer overflow discharge points that would otherwise be 
controlled by the Northside Interceptor Tunnel.
    The publication of this notice opens a period for public comment on 
the proposed Third Amendment to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. City of Akron 
et al., D.J. Ref. No. 90-5-1-1-3144/2. 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, D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Third Amendment to 
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 proposed Third Amended 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 $3.50 (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. 2023-03355 Filed 2-16-23; 8:45 am]
BILLING CODE 4410-15-P


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