[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Page 16177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7208]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Material Modification to Consent Decree 
Under the Clean Water Act

    Pursuant to Department of Justice policy, notice is hereby given 
that, on March 26, 2010, a proposed First Material Modification to 
Consent Decree (``First Decree Modification'') in United States and the 
State of Indiana v. City of Anderson, Indiana, Civil Action No. IP 02-
1103 C M/S (S.D. Ind.) was lodged with the United States District Court 
for the Southern District of Indiana. The original Consent Decree in 
this matter, entered on September 18, 2002, addressed alleged 
violations of the Clean Water Act, 33 U.S.C. 1251-1387, and 
corresponding state law by the City of Anderson (``Anderson''). Among 
other things, the 2002 Consent Decree required Anderson to develop and 
implement a Long Term Control Plan to control Combined Sewer Overflows 
from its combined sewer system. Since entry of the 2002 Consent Decree, 
Anderson has been developing a Long Term Control Plan in consultation 
with the U.S. Environmental Protection Agency and the Indiana 
Department of Environmental Management. The control plan alternative 
that Anderson selected under that proposed Long Term Control Plan would 
require an array of sewer system and wastewater treatment plant 
improvement projects, at an estimated cost of more than $160 million. 
The First Decree Modification would require Anderson to adhere to a new 
three-phase Long Term Control Plan implementation schedule: (1) Phase I 
would be completed by no later than December 31, 2014; (2) Phase II 
would be completed by no later than December 31, 2019; and (3) Phase 
III would be completed by no later than December 31, 2029.
    The Department of Justice will receive comments relating to the 
First Decree Modification for a period of thirty (30) days from the 
date of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
mailed either electronically to [email protected] or in 
hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611. Comments should refer to United States and the State of 
Indiana v. City of Anderson, Indiana, Civil Action No. IP 02-1103 C M/S 
(S.D. Ind.) and D.J. Ref. No. 90-5-2-1-07043/2.
    The First Decree Modification may be examined at: (1) The offices 
of the United States Attorney, 10 West Market Street, Suite 2100, 
Indianapolis, Indiana; and (2) the offices of the U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, 14th Floor, Chicago, 
Illinois. During the public comment period, the First Decree 
Modification may also be examined on the following Department of 
Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the First Decree Modification may also be obtained by mail from 
the Department of Justice Consent Decree Library, P.O. Box 7611, 
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 $2.75 
(11 pages at 25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-7208 Filed 3-30-10; 8:45 am]
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