[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Notices]
[Page 67882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27216]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Agreement and Order Regarding Modification 
of the Consent Decree Under the Clean Water Act

    Notice is hereby given that on November 10, 2008, a proposed 
Agreement and Order Regarding Modification of the Consent Decree 
(``Agreement and Order'') in United States of America and State of 
Louisiana v. City of Baton Rouge and Parish of East Baton Rouge, Civil 
Action No 01-978-B-M3 was lodged with the United States District Court 
for the Middle District of Louisiana.
    This action was originally filed in 2001 by the United States and 
the State of Louisiana under Clean Water Act (``CWA'') Section 301, 33 
U.S.C. 1311, seeking civil penalties and injunctive relief for 
violations related to the publically owned treatment works owned and 
operated by the City of Baton Rouge and the Parish of East Baton Rouge 
(collectively ``the City/Parish''). On March 14, 2001, the Court 
entered a Consent Decree resolving all claims in the Complaint (``the 
2002 Consent Decree''). Among other requirements, the 2002 Consent 
Decree required the City/Parish to implement a 13-15 year project to 
improve its sewage collection system. Pursuant to these requirements, 
the City/Parish proposed a Second Remedial Measures Action Plan 
(``Second RMAP'') in which it selected a remedial measure for the 
collection system. Pursuant to Paragraph 40(a) of the 2002 Consent 
Decree, the Second RMAP was approved on July 10, 2007. If entered by 
the Court, the proposed Agreement and Order would modify the 2002 
Consent Decree by amending the approved Second RMAP to allow the City/
Parish to decommission the Central Wastewater Treatment plant located 
at 2443 River Road in East Baton Rouge Parish, Louisiana (``the Central 
Plant'') and the redirect the flows to the South Wastewater Treatment 
Plant located at 2850 Gardere Lane in East Baton Rouge Parish, 
Louisiana (the South Plant'').
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Agreement and Order. 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 U.S. and La. v. City of Baton Rouge, D.J. Ref. 90-5-1-1-2769/
1.
    The Agreement and Order may be examined at the Office of the United 
States Attorney for the Middle District of Louisiana, 777 Florida St., 
Suite 208, Baton Rouge, Louisiana 70801, and at U.S. Environmental 
Protection Agency-Region 6, 1445 Ross Avenue, Dallas, Texas 75202. 
During the public comment period, the Agreement and Order, may also be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Agreement and 
Order 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 e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $9.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-27216 Filed 11-14-08; 8:45 am]
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