[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Notices]
[Pages 66993-66994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29962]


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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 December 7, 2009, a proposed Integrated Overflow 
Abatement Plan (``IOAP'') to control combined sewer overflows 
(``CSOs'')

[[Page 66994]]

and eliminate sanitary sewer overflows (``SSOs'') and other 
unauthorized discharges from the sewer system was lodged with the Court 
in United States and Commonwealth of Kentucky v. The Louisville and 
Jefferson County Metropolitan Sewer District (MSD) Civil Action No. 
3:08-CV-608-CRS, Western District of Kentucky, Louisville Division. 
Pursuant to the Amended Consent Decree entered by the Court on April 
15, 2009, the IOAP constitutes a material amendment to the Consent 
Decree, affording the public an opportunity to provide comments on it 
prior to it being submitted to the Court for approval.
    The Amended Consent Decree required that MSD submit plans to 
control CSOs and eliminated SSOs and other unauthorized discharges from 
the sewer system. MSD integrated those plans into the IOAP, which 
includes a Long Term Control Plan (``LTCP'') and a Sanitary Sewer 
Discharge Plan (``SSDP''). The IOAP was drafted by MSD's Wet Weather 
Team which included a broad range of stakeholders, MSD staff and 
consultants. The IOAP was presented to the MSD Board on October 7, 
2008, and at several public meetings on November 10, 12 and 20, 2008. 
MSD held a public hearing to receive both written and oral public 
comments on the IOAP on December 2, 2008, and concluding on December 5, 
2008.
    MSD submitted the IOAP to the United States Environmental 
Protection Agency (``EPA'') and the Commonwealth of Kentucky's 
Environmental and Public Protection Cabinet (``KDEP'') on December 19, 
2008, as required by the Consent Decree. Following review of the IOAP, 
EPA and KDEP requested clarifications and revisions regarding the 
IOAP's regulatory compliance approach, proposed level of overflow 
control, schedule and budgets. MSD submitted revisions to the IOAP on 
June 19, 2009, and August 21, 2009. EPA and KDEP sent a conditional 
letter of approval to MSD on October 23, 2009.
    The IOAP is a long-term plan to control CSOs and eliminate SSOs and 
other unauthorized discharges of sewage and partially treated sewage in 
the community. The IOAP is expected to improve water quality in both 
Jefferson County, Kentucky and the Ohio River. The expected water 
quality benefits of the IOAP include reductions in the peak levels of 
bacteria in the Ohio River, Beargrass Creek, and other Jefferson County 
waterways as well as a reduction in the duration of wet weather 
impairment of local waterways (i.e., the number of days that bacteria 
levels exceed water quality standards during periods of wet weather). 
The IOAP, in coordination with other community water initiatives, will 
also improve water quality ambient conditions.
    From projects selected for the LTCP, MSD anticipates approximately 
96 percent capture and treatment of wet weather combined sewage during 
an average year. Remaining CSO loads (after removing background) are 
estimated to no longer cause water quality standard violations in the 
Ohio River and peak fecal coliform counts are modeled to be reduced by 
54 percent. At the mouth of Beargrass Creek, peak coliform counts are 
modeled to be reduced by 18 percent.
    From projects selected for the SSDP, MSD anticipates elimination of 
145 SSO events per year based on 2005-2007 data; elimination of an 
average of 290 million gallons of overflow volume per year (based on 
average of 2005-2007 normalized for rainfall); elimination of 100 tons 
of 5-day biochemical oxygen demand (``BOD5''); and, elimination of 
almost 200 tons of solids annually.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the IOAP. 
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 
IOAP may be examined at the MSD Building, 700 West Liberty, Louisville, 
KY 40202. During the public comment period, the IOAP, may also be 
examined at the Main Library located at 301 York Street, Louisville, KY 
40203, and MSD's Web site which is http://www.msdlouky.org/projectwin/.
    The IOAP and all of its exhibits are too numerous and voluminous 
for filing with the Court. Instead of filing the entire IOAP, MSD filed 
the Executive Summaries of the IOAP, LTCP and SSDP. MSD has placed 
copies of the entire IOAP and all of the exhibits in places accessible 
by the public. During the public comment period, the IOAP may be 
examined at the MSD Building, 700 West Liberty, Louisville, KY 40202. 
The IOAP may also be examined at the Louisville Free Public Library 
located at 301 York Street, Louisville, KY 40203, and the branch 
libraries as well as MSD's Web site at http://www.msdlouky.org/projectwin/.
    A copy of the Executive Summary of the IOAP may also be obtained by 
mail from MSD by calling (502) 540-6000. In requesting a copy of the 
Executive Summary, please enclose a check in the amount of $8.50 (25 
cents per page reproduction cost) payable to the MSD. In requesting 
copies of the Executive Summaries for the Long Term Control Plan (30 
pages) and the Sanitary Sewer Discharge Plan (15 pages), please enclose 
a check in the amount of $11.25 (25 cents per page reproduction cost).

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-29962 Filed 12-16-09; 8:45 am]
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