[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Page 10966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5434]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on March 9, 2009, a proposed ``First 
Amendment to 2006 Consent Decree,'' pertaining to United States and 
State of Indiana v. City of Indianapolis, Civ. No. 1:06-cv-1456, was 
lodged with the United States District Court for the Southern District 
of Indiana.
    In the original action, the United States sought civil penalties 
and injunctive relief for alleged violations of Sections 301 and 402 of 
the Clean Water Act, 33 U.S.C. 1319 and 1342, in connection with the 
City's operation of its municipal wastewater and sewer system. In 
December 2006, the Court entered a Consent Decree which requires the 
City, among other things, to implement a Long Term Control Plan 
(``LTCP'') to reduce Combined Sewer Overflows (``CSO''). CSO Control 
Measure 16, as set forth in the Table 7-5 of Section 7 of the 2006 
Consent Decree, requires the City to construct a shallow interceptor 
sewer having a total capacity of 24 million gallons. However, all of 
the Parties to the 2006 Consent Decree, have agreed that CSO Control 
Measure 16 should be modified to require the City to undertake 
construction of a conveyance and storage tunnel that would be 
constructed approximately 200 feet below ground. The modified project 
would provide for the construction of a storage and transport facility 
of approximately 18 feet in diameter, having a minimum storage volume 
of 54 million gallons, along a new alignment which would minimize 
environmental, right-of-way, and other issues that were discovered 
during the design of the original project. The modified project will 
provide for capture of additional overflow volumes from CSO 008 
approximately three and one-half years earlier than currently outlined 
in the 2006 Consent Decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
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 State of Indiana v. City of Indianapolis, D.J. 
Ref. 90-5-1-1-07292. The proposed ``First Amendment to 2006 Consent 
Decree'' may be examined at the Office of the United States Attorney 
for the Southern District of Indiana, 10 West Market St., Suite 2100, 
Indianapolis, IN 46204 (contact Asst. U.S. Attorney Thomas Kieper (317-
226-6333)), and at U.S. EPA Region 5, 7th Floor Records Center, 77 West 
Jackson Blvd., Chicago, Illinois 60604 (contact Assoc. Regional Counsel 
Gary Prichard (312-886-0570)). During the public comment period, the 
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 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 
Consent Decree Library, please enclose a check in the amount of $4.50 
(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.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E9-5434 Filed 3-12-09; 8:45 am]
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