[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Notices]
[Page 9924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03714]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On February 12, 2014, the Department of Justice lodged a proposed
Consent Decree in with the United States District Court for the
Northern District of Indiana in the lawsuit entitled United States and
State of Indiana v. City of Mishawaka, Indiana, Civil Action No.
3:14CV281.
In this case, the United States and the State of Indiana (Indiana)
seek civil penalties and injunctive relief for violations of the Clean
Water Act, 33 U.S.C. 1251 et seq., Title 13 of the Indiana Code, Title
327 of the Indiana Administrative Code, and certain terms and
conditions of National Pollution Discharge Elimination System permits
that Indiana issued to the City of Mishawaka (Mishawaka) for the
relevant time periods, related to alleged discharges of untreated
sewage from Mishawaka's combined sewer collection system, i.e.
``combined sewer overflows,'' during wet weather events, and some dry
weather time periods, into ``waters of the United States'' and ``waters
of the state.''
The proposed Consent Decree would require Mishawaka to reduce its
combined sewer overflows by comprehensively upgrading and expanding its
sewage collection, storage, conveyance, and treatment system, at a cost
of approximately $132.1 million in 2007 dollars. Mishawaka must
complete these improvements by December 31, 2031 or, if Mishawaka
demonstrates financial hardship, by December 31, 2036. Additionally,
the proposed Decree requires Mishawaka to pay a total civil penalty of
$28,000 split equally between the United States and the State of
Indiana.
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. City of
Mishawaka, Indiana, D.J. Ref. 90-5-1-1-08205. 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:
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To submit comments: Send them to:
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By email........................ [email protected].
By mail......................... Assistant Attorney General, U.S. DOJ--
ENRD, P.O. Box 7611, Washington, DC
20044-7611.
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During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the proposed 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 $16.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2014-03714 Filed 2-20-14; 8:45 am]
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