[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Notices]
[Pages 61678-61679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5416]


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DEPARTMENT OF JUSTICE


Notice of Lodging of a Consent Decree Pursuant to the Clean Water 
Act

    Notice is hereby given that a proposed Consent Decree in United 
States of America and the State of Tennessee v. Metropolitan Government 
of Nashville and Davidson County, Civ. No. 3:07-CV-1056 was lodged on 
October 24, 2007, with the United States District Court for the Middle 
District of Tennessee, Nashville Division.
    The proposed Consent Decree would resolve certain claims under 
Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1251, et seq., 
against the Metropolitan Government of Nashville and Davidson County 
(``Metro''), through the performance of injunctive measures, the 
payment of a civil penalty, and the performance of Supplemental 
Environmental Projects (``SEPs''). The United States, and the State of 
Tennessee, which has filed its own complain against Metro (State of 
Tennessee v. Metropolitan Government of Nashville and Davidson County, 
Civ. No. 3:07-CV-1057 (USDA M.D. TN)), allege that Metro is liable as a 
person who has discharged a pollutant from a point source to navigable 
water of the United States without a permit and, in some cases, in 
excess of permit limitations.
    The proposed Consent Decree would resolve the liability of Metro 
for the violations alleged in the complaints filed in these matters. To 
resolve these claims, Metro would perform the injunctive measures as 
descried in the proposed Consent Decree; would pay a civil penalty of 
$564,038 ($282,019 to the United States Treasury and $282,019 to the 
State of Tennessee which will use the money to fund the Cumberland 
River Compact); and would perform SEPs valued at $2.8 million, which 
involves the extension of sewer service to areas currently served only 
by septic systems. The Department of Justice will receive comments 
relating to the proposed Consent Decree for a period of thirty (30) 
days from the date of this publication. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and either e-mailed to [email protected] or 
mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 and should refer to United States of America and the State 
of Tennessee v. Metropolitan Government of Nashville and Davidson 
County, DJ No. 90-5-1-09000.
    The proposed Consent Decree may be examined at the Region 4 Office 
of the Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street, SW., Atlanta, GA 30303 or the United States Attorney's 
Office for the Middle District of Tennessee, 110 Ninth Avenue South, 
Suite A61, Nashville, TN 37203. During the public comment

[[Page 61679]]

period, the decree may also be examined on the following Department of 
Justice Web site http://www.usdoj.gov/enrd/open.html. A copy of the 
decree may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
or by faxing or a-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone information 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please refer to United States of America and the State of 
Tennessee v. Metropolitan Government of Nashville and Davidson County, 
(proposed Consent Decree, DOJ Ref. No. 90-5-1-1-09000), and enclose a 
check in the amount of $68.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 07-5416 Filed 10-30-07; 8:45 am]
BILLING CODE 4410-15-M