[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8687-8688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03298]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Partial Consent Decree Under the
Clean Water Act
On February 10, 2015, the Department of Justice lodged a proposed
Partial Consent Decree with the United States District Court for the
Middle District of Pennsylvania in the lawsuit entitled United States
and Commonwealth of Pennsylvania Department of Environmental Protection
v. Capital Region Water and the City of Harrisburg, PA, Civil Action
No. 1:15-cv-00291-WWC.
The United States and Commonwealth of Pennsylvania Department of
Environmental Protection filed this lawsuit under the Clean Water Act
and Pennsylvania Clean Streams Law against Capital Region Water and the
City of Harrisburg, PA, alleging violations of Section 301 of the Clean
Water Act, 33 U.S.C. 1311, and Sections 3, 201, 202 and 401 of the
Pennsylvania Clean Streams Law, 35 Pa. Stat. Ann. sections 691.3,
691.201, 691.202 and 691.401, for unpermitted discharges of sewage from
the sewer system in Harrisburg, including dry weather combined sewer
overflows, failure to develop a Long Term Control Plan
[[Page 8688]]
(``LTCP'') meeting the requirements of EPA's 1994 Combined Sewer
Overflow Control Policy, and failure to comply with other requirements
of the sewer and storm water National Pollution Discharge Elimination
System (``NPDES'') permits.
Under the partial settlement, Capital Region Water will implement
various injunctive measures, including: Developing and implementing a
Nine Minimum Controls Plan to bring its combined sewer system into good
operation and maintenance and control combined sewer overflows;
submitting an application for an individual NPDES MS4 permit for its
storm water system with a plan for implementing the storm water Minimum
Control Measures; conducting capacity assessment in the separate sewer
system; completing biological nutrient removal upgrades to the Advanced
Wastewater Treatment Facility by February 2016; completing several
early action projects in the sewer system; and developing an LTCP by
April 2018. The Partial Consent Decree resolves all claims against the
City of Harrisburg. The Partial Consent Decree does not resolve the
United States' and Commonwealth of Pennsylvania Department of
Environmental Protection's claims regarding CRW's failure to implement
an LTCP, and claims for civil penalties against CRW, which are reserved
for future settlement among the parties.
The publication of this notice opens a period for public comment on
the proposed Partial Consent Decree. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States and Commonwealth of
Pennsylvania Department of Environmental Protection v. Capital Region
Water and City of Harrisburg, PA, D.J. Ref. No. 90-5-1-1-10157. 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 Partial 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 Partial 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 $22.75 (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. 2015-03298 Filed 2-17-15; 8:45 am]
BILLING CODE 4410-15-P