[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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