[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Page 72839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28383]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amended Consent Decree Under the Clean Water 
Act (CWA)

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on November 20, 2008, a proposed Amended Consent 
Decree in United States and Commonwealth of Kentucky v. the Louisville 
and Jefferson County Metropolitan Sewer District (MSD) Civil Action No. 
3:08-CV-0068-CRS, was lodged with the United States District Court for 
the Western District of Kentucky, Louisville Division.
    The Amended Consent Decree represents the settlement of claims 
brought by the United States and Commonwealth pursuant to the Clean 
Water Act (CWA). The complaint contained claims seeking injunctive 
relief and the recovery of a civil penalty in connection with 
wastewater treatment facilities owned and operated by MSD. The Amended 
Consent Decree, which incorporates, amends and supercedes the previous 
Consent Decree entered by the Court on August 12, 2005, requires MSD to 
undertake action necessary to achieve compliance with its National 
Pollution Discharge Elimination System (NPDES) permits, eliminate 
bypasses, conduct comprehensively monitoring and reporting with respect 
to its sewer operations, and pay a penalty of $230,000. The Amended 
Consent Decree also requires MSD to undertake a stream restoration 
project, as a Supplemental Environmental Project.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Amended 
Consent Decree. 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 and Commonwealth of Kentucky v. The Louisville and 
Jefferson County Sewer District, DOJ  90-5-1-1-08254/1. The 
Amended Consent Decree may be examined at U.S. EPA Region 4, Atlanta 
Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303. During the 
public comment period, the Amended Consent Decree, may also be examined 
on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Amended Consent 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 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 Amended Consent 
Decree Library, please enclose a check in the amount of $23.50 (for the 
Consent Decree only and $90.75 for the Amended Consent Decree and all 
exhibits thereto) (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 Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-28383 Filed 11-28-08; 8:45 am]
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