[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Notices]
[Page 75880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30611]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Second Amendment to Consent Decree
Under the Clean Water Act
On November 30, 2015, the Department of Justice lodged a proposed
Second Amendment to Consent Decree in United States and the State of
Maryland, et al. v. Washington Suburban Sanitary Commission, Civil
Action No. PJM-04-3679 in the United States District Court for the
District of Maryland, Greenbelt Division. Notice is hereby given that,
for a period of 30 days, the United States will receive public comments
on the proposed Second Amendment to Consent Decree.
On December 7, 2005, the United States District Court for the
District of Maryland entered a Consent Decree in the above-referenced
case to resolve claims that WSSC had violated the Clean Water Act and
Maryland water pollution control, health and nuisance laws. Four
citizens groups- the Anacostia Watershed Society, the Audubon
Naturalist Society of the Central Atlantic States, Inc., Friends of
Sligo Creek, and Natural Resources Defense Council also intervened as
plaintiffs in the underlying civil action, and signed the Consent
Decree. In a First Amendment to the Consent Decree another citizens
group- the Patuxent Riverkeeper- also intervened as a plaintiff.
The overarching purpose of the 2005 Consent Decree is to eliminate
the sanitary sewer overflows (``SSOs'') occurring in WSSC's collection
system by, among other things, requiring WSSC to inspect the condition
of its sewer basins, identify structural and capacity problems
contributing to SSOs, and to propose plans to remediate such problems.
The 2005 Consent Decree, as entered, requires WSSC to complete
collection system repair work by December 7, 2015. Although WSSC has
completed the majority of this work, it has been unable to complete a
sizable portion of the work due to delays in obtaining necessary
permits from governmental agencies, and the need to institute
condemnation proceedings to obtain access to private property to
perform sewer work.
Thus in the proposed Second Amendment the United States, Maryland
and WSSC have agreed that WSSC shall have six additional years to
complete most of the ``delayed work.'' The Second Amendment makes an
exception to the overall six year extension for delayed work affecting
lands owned and managed by the National Park System (``NPS'') of the
United States Department of Interior. For sewer projects affecting NPS
lands, the timing of NPS's issuance of a permit to proceed will
determine how much additional time WSSC has to complete such work.
Pursuant to Paragraph 60 (the ``Modification Section'') of the 2005
Consent Decree, material modifications to the Decree may be made by
written agreement of the United States, Maryland and WSSC, and approval
of the Court, after notice and motion to all parties. The citizens
groups have a right to support or oppose a motion for material
modification by filing with the Court and serving on all parties a
statement of position.
The publication of this notice also opens a period for public
comment on the proposed Second Amendment to Consent Decree. Comments
should be addressed to the Assistant Attorney General, Environment and
Natural Resources Division, and should refer to United States and the
State of Maryland, et al. v. Washington Suburban Sanitary Commission,
(Civil Action No. PJM-04-3679, D.J. Ref. No. 90-5-1-1-07360. 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.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the 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 $2.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2015-30611 Filed 12-3-15; 8:45 am]
BILLING CODE 4410-15-P