Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 9866 [2024-02738]

Download as PDF 9866 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Notices OMB Control Number: 1029–0036. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: State governments and businesses. Total Estimated Number of Annual Respondents: 100. Total Estimated Number of Annual Responses: 3,091. Estimated Completion Time per Response: Varies from 2 hours to 160 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 96,158. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: One time. Total Estimated Annual Nonhour Burden Cost: $791,900. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Mark J. Gehlhar, Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement. [FR Doc. 2024–02802 Filed 2–9–24; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF JUSTICE khammond on DSKJM1Z7X2PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On February 5, 2024, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Massachusetts in United States and Commonwealth of Massachusetts v. City of Lowell, Massachusetts, 1:24–cv–10290 (D. Mass.). The United States filed a complaint for injunctive relief and civil penalties under sections 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and (d), against Defendant, City of Lowell for: (1) unpermitted and illegal discharges from its wastewater collection system, without authorization under a National Pollutant Discharge Elimination System (‘‘NPDES’’) permit and in violation of section 301 of the Clean Water Act, 33 U.S.C. 1311; and (2) unpermitted and illegal discharges of pollutants from its Small Municipal Separate Storm Sewer System. The Commonwealth of Massachusetts has moved to file an Intervenor’s Complaint alleging violations of the Clean Water VerDate Sep<11>2014 21:06 Feb 09, 2024 Jkt 262001 Act, the Massachusetts Clean Waters Act, M.G.L. c. 21, sections 26–53, and the regulations promulgated thereunder, 314 C.M.R. sections 3.00, et seq., 7.00, et seq., and 12.00, et seq. Under the proposed Consent Decree among the parties, the City of Lowell must take measures necessary to achieve and maintain compliance with the Federal Clean Water Act, the Massachusetts Clean Waters Act, and the City’s NPDES permit. These include measures to separate wastewater sewer pipes and stormwater pipes to prevent sewage discharges to the Merrimack and Concord Rivers and Beaver Brook from the combined pipes during rain events. Under the proposed Consent Decree, the City will also update and implement its Illicit Discharge Detection and Elimination program to detect and eliminate illicit connections from wastewater pipes or other sources of wastewater to the stormwater system. Finally, under the proposed settlement, the City will pay a $200,000 civil penalty for past noncompliance. 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, United States Department of Justice, and should refer to United States and Commonwealth of Massachusetts v. City of Lowell, Massachusetts, 1:24–cv– 10290 (D. Mass.), D.J. Ref. No. 90–5–1– 1–12515. 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 ......... Any comments submitted in writing may be filed by the United States in whole or in part on the public court docket without notice to the commenter. During the public comment period, the proposed consent decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. If you require assistance accessing the proposed consent decree, you may request assistance by email or by mail PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 to the addresses provided above for submitting comments. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2024–02738 Filed 2–9–24; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On February 5, 2024, the Department of Justice lodged a proposed consent decree with the United States District Court for the Southern District of Indiana in the lawsuit entitled United States and State of Indiana v. 1500 South Tibbs LLC, Civil Action No. 1:24– cv–235. The proposed Consent Decree settles claims brought by the United States and the State of Indiana under sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9606 and 9607 against 1500 South Tibbs LLC (‘‘Defendant’’) seeking reimbursement of response costs and performance of remedial measures with respect to Reilly Tar and Chemical Superfund Site in Indianapolis, Indiana. The Consent Decree requires Defendant to pay the United States a total of $112,805.24 for EPA’s response costs, pay the State a total of $21,061.53 for its past response costs, pay future response costs incurred by the United States and the State, and perform the remedial ‘‘Work’’ defined in the Scope of Work, attached to the Consent Decree as Attachment A. The Work consists of designing and implementing a revised Operable Unit 1 (OU1) remedy for the treatment of groundwater underneath the Site and to continue operating and maintaining the remedies for contamination at the other Operable Units. 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 and State of Indiana v. 1500 South Tibbs LLC, D.J. Ref. No. 90–11–3–1028/2. 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: E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Page 9866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02738]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On February 5, 2024, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Massachusetts in United States and Commonwealth of Massachusetts v. 
City of Lowell, Massachusetts, 1:24-cv-10290 (D. Mass.).
    The United States filed a complaint for injunctive relief and civil 
penalties under sections 309(b) and (d) of the Clean Water Act, 33 
U.S.C. 1319(b) and (d), against Defendant, City of Lowell for: (1) 
unpermitted and illegal discharges from its wastewater collection 
system, without authorization under a National Pollutant Discharge 
Elimination System (``NPDES'') permit and in violation of section 301 
of the Clean Water Act, 33 U.S.C. 1311; and (2) unpermitted and illegal 
discharges of pollutants from its Small Municipal Separate Storm Sewer 
System. The Commonwealth of Massachusetts has moved to file an 
Intervenor's Complaint alleging violations of the Clean Water Act, the 
Massachusetts Clean Waters Act, M.G.L. c. 21, sections 26-53, and the 
regulations promulgated thereunder, 314 C.M.R. sections 3.00, et seq., 
7.00, et seq., and 12.00, et seq. Under the proposed Consent Decree 
among the parties, the City of Lowell must take measures necessary to 
achieve and maintain compliance with the Federal Clean Water Act, the 
Massachusetts Clean Waters Act, and the City's NPDES permit. These 
include measures to separate wastewater sewer pipes and stormwater 
pipes to prevent sewage discharges to the Merrimack and Concord Rivers 
and Beaver Brook from the combined pipes during rain events. Under the 
proposed Consent Decree, the City will also update and implement its 
Illicit Discharge Detection and Elimination program to detect and 
eliminate illicit connections from wastewater pipes or other sources of 
wastewater to the stormwater system. Finally, under the proposed 
settlement, the City will pay a $200,000 civil penalty for past 
noncompliance.
    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, 
United States Department of Justice, and should refer to United States 
and Commonwealth of Massachusetts v. City of Lowell, Massachusetts, 
1:24-cv-10290 (D. Mass.), D.J. Ref. No. 90-5-1-1-12515. 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.
------------------------------------------------------------------------

    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the proposed consent decree, you may request assistance by 
email or by mail to the addresses provided above for submitting 
comments.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-02738 Filed 2-9-24; 8:45 am]
BILLING CODE 4410-15-P


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