Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 481 [2023-29000]
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recommendations for this information
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the applicable component of the
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collection: ATF Form 3252.2.
Component: ATF, U.S. DOJ.
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VerDate Sep<11>2014
16:54 Jan 03, 2024
Jkt 262001
United States Department of Justice,
Two Constitution Square, 145 N Street
NE, 4W–218, Washington, DC 20530.
Dated: December 29, 2023.
Darwin Arceo,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2023–28973 Filed 1–3–24; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On December 29, 2023, the United
States lodged a proposed modified
consent decree with the United States
District Court for the District of New
Hampshire for public notice and
comment, 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 a complaint in
this action 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. The United
States filed its complaint as PlaintiffIntervenor in an action initiated by CLF
against Defendants NHF&G, the
Executive Director of NHF&G, and
Commissioners of the New Hampshire
Fish and Game Commission. CLF’s
complaint asserts claims similar to those
of the United States, under the citizen-
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
481
suit provision of the CWA, 33 U.S.C.
1365(a).
The original consent decree resolved
the claims in CLF’s and the United
States’ complaints. The modified Decree
retains most of the original decree’s
provisions, including the requirement
that NHF&G achieve compliance with
the CWA and its Permit by the end of
2025, but allows NHF&G to do so
through means other than those
required by the original decree, based
on a study showing that such other
means could be more technically
feasible and cost effective. All parties to
the original decree have signed the
modified Decree.
Publication of this notice opens a
period for public comment on the
proposed modified 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:
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 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
$12.50 (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. 2023–29000 Filed 1–3–24; 8:45 am]
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04JAN1
Agencies
[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Page 481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-29000]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On December 29, 2023, the United States lodged a proposed modified
consent decree with the United States District Court for the District
of New Hampshire for public notice and comment, 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 a complaint in this action 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. The United States filed
its complaint as Plaintiff-Intervenor in an action initiated by CLF
against Defendants NHF&G, the Executive Director of NHF&G, and
Commissioners of the New Hampshire Fish and Game Commission. CLF's
complaint asserts claims similar to those of the United States, under
the citizen-suit provision of the CWA, 33 U.S.C. 1365(a).
The original consent decree resolved the claims in CLF's and the
United States' complaints. The modified Decree retains most of the
original decree's provisions, including the requirement that NHF&G
achieve compliance with the CWA and its Permit by the end of 2025, but
allows NHF&G to do so through means other than those required by the
original decree, based on a study showing that such other means could
be more technically feasible and cost effective. All parties to the
original decree have signed the modified Decree.
Publication of this notice opens a period for public comment on the
proposed modified 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:
------------------------------------------------------------------------
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 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
$12.50 (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. 2023-29000 Filed 1-3-24; 8:45 am]
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