[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82072-82073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32661]


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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 December 22, 2010, a proposed 
Consent Decree in United States and the State of Ohio v. Northeast Ohio 
Regional Sewer District, Civil Action No. 10-cv-02895 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 seeks civil 
penalties and injunctive relief for violations of the Clean Water Act, 
33 U.S.C. 1251 et seq., in connection with the Northeast Ohio Regional 
Sewer District's (``NEORSD'') operation of its municipal wastewater and 
sewer system. The Complaint alleges that the NEORSD's discharges from 
its combined sewer overflows (``CSOs'') violate the Clean Water Act 
because the discharge of sewage violates limitations and conditions in 
NEORSD's National Pollutant Discharge Elimination System (NPDES) 
permits. The Complaint further alleges that NEORSD's bypasses of 
wastewater of its treatment plants' processes also violate its NPDES 
permits.
    Under the proposed Consent Decree, NEORSD will be required to 
implement injunctive measures, including the construction of seven deep 
underground tunnel systems--to reduce its CSO discharges--and 
construction of treatment plant expansions, for a total cost of 
approximately $3 billion. NEORSD will also invest $42 million in green 
infrastructure that will further reduce its CSO discharge by 44 million 
gallons. The Consent Decree allows NEORSD the opportunity to propose 
additional green infrastructure projects in exchange for a reduction in 
scope of the traditional infrastructure projects. NEORSD will pay $1.2 
million in civil penalties to be split evenly between the United States 
and the State of Ohio. NEORSD will also spend $1 million to operate a 
permanent hazardous waste collection center in Cuyahoga County and 
$800,000 to improve other water resources. Under the proposed Consent 
Decree, the injunctive relief is to be implemented over a 25-year 
period.
    The Department of Justice will receive for a period of thirty (30) 
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 emailed 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. Northeast Ohio Regional Sewer District, D.J. 
Ref. 90-5-1-1-08177/1.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Northern District of Ohio, 801 West Superior 
Avenue, Suite 400, Cleveland, OH 44113 (contact Assistant United States 
Attorney Steven J. Paffilas (216) 622-3698), and at U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 
60604-3590 (contact Associate Regional Counsel Nicole Cantello (312) 
886-2870)). During the public comment period, the proposed Consent 
Decree, may also be examined on the following Department of Justice Web 
site, to http://www.usdoj.gov/enrd/

[[Page 82073]]

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. (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 $28.75 (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 Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-32661 Filed 12-28-10; 8:45 am]
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