[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61707-61708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28221]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on November 13, 2009, a proposed 
Consent Decree in United States v. City of Akron, Ohio and State of 
Ohio, Civil Action No. 05:09-cv-0272 was lodged with the United States 
District Court for the Northern District of Ohio.
    In this action the United States, and the State of Ohio in a cross-
claim, sought civil penalties and injunctive relief for violations of 
the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the 
City of Akron's (``Akron's'') operation of its municipal wastewater 
treatment facility and sewer system. The United States' First Amended 
Complaint and the State's cross-claim allege, among other things, that 
Akron violated the Clean Water Act and its National Pollution Discharge 
Elimination System (``NPDES'') Permit by discharging pollutants from 
Combined Sewer Overflow (``CSO'') points to navigable waters and waters 
of the State during dry weather, and during wet weather in a manner 
that violates the general effluent limitations of the NPDES Permit; 
diverting wastewater from secondary treatment at the treatment plant, 
known as the Water Pollution Control Station (``WPCS''); failing to 
monitor or report the results of its monitoring; and releasing 
untreated sewage from its sewer system into buildings and onto public 
and private property.
    Under the proposed Decree, Akron will develop and implement a 
comprehensive plan to eliminate or reduce (i) combined sewer overflows 
in its sewer system and (ii) bypasses around secondary treatment at the 
WPCS. Within eight years, Akron will expand secondary treatment 
capacity at the WPCS to at least 130 million gallons of wastewater per 
day and will construct separate sewer lines for five combined sewer 
outfall points. Akron will also implement capacity, maintenance and 
emergency response programs to improve sewer system performance and to 
eliminate or reduce releases from the sewer collection system, 
including basement backups, releases into buildings, and onto property. 
The proposed Decree requires Akron to pay a total civil penalty of 
$500,000. Also, as a State Supplemental Environmental Project to 
improve water quality in the Cuyahoga River, Akron will pay $900,000 
towards the removal of the Brecksville (or Route 82) Dam.
    The Department of Justice will receive for a period of sixty (60) 
days from the date of this publication comments relating to the 
proposed 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 v. City of Akron, Ohio and State of Ohio, D.J. 
Ref. 90-5-1-1-3144/2.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Northern District of Ohio, 208 Federal 
Building, Two South Main Street, Akron, OH 44308-1855 (contact 
Assistant United States Attorney James Bickett (330/761-0523), and at 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604-3590 (contact Associate Regional Counsel 
Susan Perdomo (312/886-0557)). During the public comment period the 
proposed 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 proposed 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.

[[Page 61708]]

(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 $29.50 (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.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-28221 Filed 11-24-09; 8:45 am]
BILLING CODE 4410-15-P