[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Page 6880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03118]


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DEPARTMENT OF JUSTICE


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

    On February 9, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Ohio in the lawsuit entitled United States and State of 
Ohio v. City of Middletown, Ohio, Civil Action No. 18-cv-90.
    The Complaint seeks civil penalties and injunctive relief for 
alleged violations of the Clean Water Act and Middletown's National 
Pollutant Discharge Elimination System permit, primarily relating to 
pollutants in discharges from Middletown's wastewater treatment plant 
and from the city's combined sewer overflow outfalls. Under the 
proposed Consent Decree, Middletown would implement a Long Term Control 
Plan (``LTCP'') that includes (1) construction of two storage basins; 
(2) redirection of approximately 291 acres of storm sewershed away from 
the sewer system; and (3) redirection of storm water flow to a 1-acre 
green infrastructure basin. Taken together, these combined sewer 
overflow (``CSO'') control measures would reduce annual CSOs to six or 
fewer per typical year. The Consent Decree would require completion of 
the entire LTCP by January 1, 2043, with completion of one of the two 
storage facilities (with a capacity of 5.1 million gallons) by 2026. 
The Consent Decree also requires significant wastewater treatment plant 
updates and sewer system rehabilitation and pipe replacement. Under the 
Decree, Middletown would pay a $55,000 civil penalty, to be split 
evenly between the United States and Ohio, and perform a supplemental 
environmental project estimated to cost approximately $200,000.
    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 and State of Ohio v. City of Middletown, 
Ohio, D.J. Ref. No. 90-5-1-1-08978. 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 $12.40 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2018-03118 Filed 2-14-18; 8:45 am]
BILLING CODE 4410-15-P