[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36584-36585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13330]


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DEPARTMENT OF JUSTICE


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

    On June 1, 2016, the United States Department of Justice filed, on 
behalf of the Environmental Protection Agency, a proposed Modification 
to the 2002 Consent Decree in United States and the State of Maryland 
v. Mayor and the City Council of Baltimore, Maryland, Civil Action No. 
1:02-CV-01524-JFM, with the United States District Court for the 
District of Maryland (``proposed Modified Consent Decree.'')
    On September 30, 2002, the Court entered the 2002 Consent Decree 
between the parties resolving Plaintiffs' claims that the City of 
Baltimore violated the Clean Water Act (the ``CWA''), 33 U.S.C. 1319(b) 
and (d), resulting from Baltimore's operation of its sewer system and 
wastewater control plant. Under the 2002 Consent Decree, Baltimore was 
required to eliminate any remaining combined sewers in the collections 
system, eliminate structures for sanitary sewer overflows (SSO), 
conduct thorough evaluations of the City's eight sewersheds, propose 
rehabilitation measures for each sewershed and implement such measures 
after approval. The 2002 Consent Decree provides for implementation 
completion by January 2016.
    Baltimore did not meet the January 2016 deadline for all of the 
rehabilitation measures. This proposed Modified Consent Decree allows 
Baltimore more time to conduct the SSO work using a two-phased 
approach. Under the proposed Modified Consent Decree, the Phase I work 
is required to be completed by January 2021, and then Baltimore is 
required to submit a Phase II Plan for EPA approval by December 2022. 
The Phase II Plan must propose a schedule for work to be completed no 
later than December 2030. After the Phase II work Baltimore will 
conduct two years of post-implementation monitoring. If after the Phase 
II work is complete the Plaintiffs determine that additional work is 
necessary, they can require Baltimore to undertake additional remedial 
measures.
    The publication of this notice opens a period for public comment on 
the

[[Page 36585]]

proposed Modified Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
United States and State of Maryland v. Mayor and the City Council of 
Baltimore, Maryland, Civil Action No. 1:02-CV-01524-JFM., D.J. Ref. No. 
DJ # 90-5-1-1-4402/1. All comments must be submitted no later than 
sixty (60) 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 Modified Consent 
Decree may be examined and downloaded at this Justice Department Web 
site: https://www.justice.gov/enrd/consent-decrees. We will provide a 
paper copy of the proposed Modified 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 $21.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-13330 Filed 6-6-16; 8:45 am]
 BILLING CODE 4410-15-P