[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Page 61328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27816]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On December 20, 2017, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Pennsylvania in the lawsuit entitled United States and
Commonwealth of Pennsylvania Department of Environmental Protection
(PADEP) v. City of Lancaster, Pennsylvania, Civil Action No. 17-cv-
5684. In a civil action filed on December 19, 2017, under Section
309(d) of the Clean Water Act and the Pennsylvania Clean Streams Law,
Act of June 22, 1987, P.S. 1937, as amended, 35 P.S. Sec. Sec. 691.1-
691.1001, the United States, on behalf of the Environmental Protection
Agency, and PADEP alleged that Lancaster violated its National
Pollutant Discharge Elimination System (``NPDES'') permit and the Clean
Water Act and Pennsylvania Clean Streams Law by failing to develop and
implement an adequate Long Term Control Plan (``LTCP''), violating
effluent limits, failing to comply with the Nine Minimum Control
Requirements, and discharging sanitary sewer overflows. In the
Complaint, the United States and PADEP sought injunctive relief and
penalties.
The proposed Consent Decree resolves the claims alleged in the
Complaint, and requires the City to take specified actions designed to
achieve compliance with the Clean Water Act, Clean Streams Law, and the
City's NPDES Permit. The proposed Consent Decree requires the City to
submit an Amended Long Term Control Plan in accordance with the
schedules contained in the Decree. In addition, City must pay a civil
penalty of $135,000, to be split equally between the United States and
PADEP, and the City must complete a Supplemental Environmental Project
designed to improve water quality in the Conestoga River. The SEP
involves daylighting a stream in the City of Lancaster, identified as
Groff's Run.23.
The publication of this notice opens a period for public comment on
the Consent Decree. Please address comments to the Assistant Attorney
General, Environment and Natural Resources Division and refer to United
States and Commonwealth of Pennsylvania Department of Environmental
Protection v. City of Lancaster, DJ. Ref. No. 90-5-1-1-11135. 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 website: 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 $23.25 (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. 2017-27816 Filed 12-26-17; 8:45 am]
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