Notice of Lodging of Proposed First Modification To Consent Decree Under the Clean Water Act, 75330 [2023-24168]
Download as PDF
<![CDATA[
75330
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
Registrant’s registration, the burden
shifts to the registrant to show why it
can be entrusted with the responsibility
carried by a registration. Garret Howard
Smith, M.D., 83 FR 18882, 18910 (2018).
When a registrant has committed acts
inconsistent with the public interest, it
must both accept responsibility and
demonstrate that it has undertaken
corrective measures. Holiday CVS,
L.L.C., dba CVS Pharmacy Nos 219 and
5195, 77 FR 62316, 62339 (2012)
(internal quotations omitted). Trust is
necessarily a fact-dependent
determination based on individual
circumstances; therefore, the Agency
looks at factors such as the acceptance
of responsibility, the credibility of that
acceptance as it relates to the
probability of repeat violations or
behavior, the nature of the misconduct
that forms the basis for sanction, and the
Agency’s interest in deterring similar
acts. See, e.g., Robert Wayne Locklear,
M.D., 86 FR 33738, 33746 (2021).
Here, Registrant did not request a
hearing, submit a corrective action plan,
respond to the OSC/ISO, or otherwise
avail itself of the opportunity to refute
the Government’s case. As such,
Registrant has made no representations
as to its future compliance with the CSA
nor made any demonstration that it can
be entrusted with registration.
Moreover, the evidence presented by the
Government clearly shows that
Registrant violated the CSA, further
indicating that Registrant cannot be
entrusted. Accordingly, the Agency will
order the revocation of Registrant’s
registration.
khammond on DSKJM1Z7X2PROD with NOTICES
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. FB4121327 issued to
Blue Mint Pharmacy. Further, pursuant
to 28 CFR 0.100(b) and the authority
vested in me by 21 U.S.C. 823(g)(1), I
hereby deny any pending applications
of Blue Mint Pharmacy, to renew or
modify this registration, as well as any
other pending application of Blue Mint
Pharmacy, for additional registration in
Texas. This Order is effective December
4, 2023.
Signing Authority
This document of the Drug
Enforcement Administration was signed
on October 25, 2023, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
Register Liaison Officer has been
VerDate Sep<11>2014
16:32 Nov 01, 2023
Jkt 262001
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. 2023–24150 Filed 11–1–23; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First
Modification To Consent Decree Under
the Clean Water Act
On October 25, 2023, the Department
of Justice lodged a proposed first
modification to the consent decree
(‘‘First Modification’’) with the United
States District Court for the District of
Massachusetts in the lawsuit entitled
United States and Commonwealth of
Massachusetts v. City of Revere,
Massachusetts, Civil Action No. 1:10–
cv–11460 (D. Mass.).
The United States filed this lawsuit in
2010 under the Clean Water Act (‘‘Act’’).
The complaint sought injunctive relief
and civil penalties for violations of the
Act in connection with the City of
Revere’s operation of its sewage
collection system and municipal
separate storm sewer system (‘‘MS4’’).
The allegations in the Complaint were
resolved in a consent decree entered on
November 17, 2010 (‘‘Consent Decree’’)
in which the City of Revere agreed,
among other things, to develop and
implement a Comprehensive
Wastewater Management Plan and
Comprehensive Stormwater
Management Plan (‘‘CWMP/CSMP’’) to
ensure identification and
implementation of capital projects
necessary to eliminate sanitary sewer
overflows (‘‘SSOs’’) and bring its MS4
into compliance with National Pollutant
Elimination System (‘‘NPDES’’) permit
requirements.
The proposed First Modification
replaces the Consent Decree CWMP/
CSMP provisions with new provisions
that require the City of Revere to update
portions of its CWMP/CSMP by
December 31, 2026. This update must
include a summary of work completed
pursuant to the Consent Decree,
assessment of the City of Revere sewer
system current service level and
associated review of capacity-related
SSOs, development and assessment of
alternatives to achieve the goal of the
Consent Decree to prevent collection
system surcharges or capacity-related
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
SSOs events, and a recommended plan
and implementation schedule
identifying projects to attain the target
level of sewer system service of a tenyear design storm. The new provisions
also extend the deadline for completion
of all work proposed under Revere’s
CWMP/CSMP to December 31, 2038.
The publication of this notice opens
a period for public comment on the First
Modification. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and Commonwealth of
Massachusetts v. City of Revere,
Massachusetts, Civil Action No. 1:10–
cv–11460, D.J. Ref. No. 90–5–1–1–
09299. 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 First Modification 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
First Modification 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 $4.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–24168 Filed 11–1–23; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Availability; Service Contract
Inventory
Justice Management Division,
Department of Justice.
ACTION: Notice of availability.
AGENCY:
The Justice Management
Division (JMD), Department of Justice
(DOJ) is publishing this notice to advise
SUMMARY:
E:\FR\FM\02NON1.SGM
02NON1
]]>Agencies
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Page 75330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24168]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Modification To Consent
Decree Under the Clean Water Act
On October 25, 2023, the Department of Justice lodged a proposed
first modification to the consent decree (``First Modification'') with
the United States District Court for the District of Massachusetts in
the lawsuit entitled United States and Commonwealth of Massachusetts v.
City of Revere, Massachusetts, Civil Action No. 1:10-cv-11460 (D.
Mass.).
The United States filed this lawsuit in 2010 under the Clean Water
Act (``Act''). The complaint sought injunctive relief and civil
penalties for violations of the Act in connection with the City of
Revere's operation of its sewage collection system and municipal
separate storm sewer system (``MS4''). The allegations in the Complaint
were resolved in a consent decree entered on November 17, 2010
(``Consent Decree'') in which the City of Revere agreed, among other
things, to develop and implement a Comprehensive Wastewater Management
Plan and Comprehensive Stormwater Management Plan (``CWMP/CSMP'') to
ensure identification and implementation of capital projects necessary
to eliminate sanitary sewer overflows (``SSOs'') and bring its MS4 into
compliance with National Pollutant Elimination System (``NPDES'')
permit requirements.
The proposed First Modification replaces the Consent Decree CWMP/
CSMP provisions with new provisions that require the City of Revere to
update portions of its CWMP/CSMP by December 31, 2026. This update must
include a summary of work completed pursuant to the Consent Decree,
assessment of the City of Revere sewer system current service level and
associated review of capacity-related SSOs, development and assessment
of alternatives to achieve the goal of the Consent Decree to prevent
collection system surcharges or capacity-related SSOs events, and a
recommended plan and implementation schedule identifying projects to
attain the target level of sewer system service of a ten-year design
storm. The new provisions also extend the deadline for completion of
all work proposed under Revere's CWMP/CSMP to December 31, 2038.
The publication of this notice opens a period for public comment on
the First Modification. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and Commonwealth of Massachusetts v. City
of Revere, Massachusetts, Civil Action No. 1:10-cv-11460, D.J. Ref. No.
90-5-1-1-09299. 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 First Modification 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 First Modification 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 $4.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-24168 Filed 11-1-23; 8:45 am]
BILLING CODE 4410-15-P
