[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69855-69856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24292]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    On September 30, 2016, the Department of Justice lodged a proposed 
Consent Decree and Judgment (``Consent Decree'') with the United States 
District Court for the Eastern District of New York in the lawsuit 
entitled United States v. The New York Racing Association, Inc., Civil 
Action No. CV-16-5442.
    The United States filed a complaint in this action on the same day 
that the consent decree was lodged with the Court. The defendant is The 
New York Racing Association, Inc. (``Defendant''), located at 110-00 
Rockaway Boulevard, Jamaica, New York, 11417. The complaint arises out 
of Defendant's operation of Aqueduct Racetrack in Ozone Park, New York, 
where it races, boards and feeds horses. The complaint alleges that 
Defendant, in the course of operation of Aqueduct Racetrack, violated 
the Clean Water Act (``CWA''), 33 U.S.C. 1311, 1319(b) and (d), and 33 
U.S.C. 1342, as well as the conditions of Defendant's concentrated 
animal feeding operations General Permit issued under New York's State 
Pollutant Discharge Elimination System (``SPDES'') by discharging 
process wastewater, including animal wash water containing detergent, 
manure, and feed waste, into New York City's and New York State's storm 
sewer systems, which then flowed to tributaries of Jamaica Bay, which 
are navigable waters of the United States. The Complaint alleges claims 
for relief based on the following violations: (1) Unauthorized 
discharges of pollutants in violation of the CWA, 33 U.S.C. 1311(a); 
(2) unauthorized discharge of process wastewater to surface waters in 
violation of the CWA, 33 U.S.C. 1311(a), and Defendant's SPDES Permit; 
and (3) insufficient action to ensure clean water was excluded from 
concentrated waste areas in violation of the CWA, 33 U.S.C. 1311(a), 
and Defendant's SPDES and Concentrated Animal Feed Operations General 
Permits.
    The Consent Decree provides for Defendant to pay a $150,000 civil 
penalty and to perform injunctive relief, including: (1) Implementing 
procedures to ensure that no discharges occur; (2) installing a 
``telemetry'' system in manholes to alert employees of dry weather 
flows in the sewer system; and (3) creating a Web site page that makes 
stormwater-related information available to the public. Defendant 
implemented some injunctive relief prior to the lodging of the Consent 
Decree, including construction of special horse wash stalls that are 
connected to the sanitary sewer, and capping and disabling external 
hydrants that are located near storm drains. The Consent Decree further 
requires Defendant to implement a Supplemental Environmental Project at 
Defendant's

[[Page 69856]]

Belmont Park Racetrack, comprising planting 62 trees, which will reduce 
future impacts of stormwater to Jamaica Bay, the same waterbody 
affected by Defendant's violations at Aqueduct Racetrack. The Consent 
Decree resolves the civil claims of the United States for the 
violations alleged in the complaint through the date of lodging of the 
Consent Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. The New York Racing Association, Inc. 
D.J. Ref. No. 90-5-1-1-11540. 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 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 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 $21.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $10.25.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-24292 Filed 10-6-16; 8:45 am]
 BILLING CODE 4410-15-P