[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Pages 49505-49506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20321]



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

    Notice is hereby given that on August 4, 2011, a proposed Consent 
Decree in United States, State of Missouri, and the Missouri Coalition 
for the Environment Foundation v. Metropolitan St. Louis Sewer 
District, No. 4:07-CV-01120, was lodged with the United States District 
Court for the Eastern District of Missouri.
    In this action the United States sought civil penalties and 
injunctive relief for violations of the Clean Water Act (``CWA''), 33 
U.S.C. 1251, et seq., in connection with the Metropolitan St. Louis 
Sewer District's (``MSD's'') operation of its sewer system in the City 
of St. Louis and St. Louis County, Missouri. The Complaint alleged that 
MSD's discharges of raw sewage from its sanitary sewer system--
discharges that often are referred to as Sanitary Sewer Overflows or 
``SSOs''--and from MSD's combined storm water and sanitary sewer 
system--discharges that often are referred to as Combined Sewer 
Overflows or ``CSOs''--violate MSD's National Pollutant Discharge 
Elimination System (``NPDES'') permits and Section 301 of the CWA, 33 
U.S.C. 1311. The Complaint also alleged that the chronic and repeated 
backups of raw sewage into homes, yards, playgrounds, parks, and 
streets from MSD's sewer system pose an ``imminent and substantial 
endangerment'' to human health under Section 504(a) of the CWA 33 
U.S.C. 1364(a). The Missouri Coalition for the Environment Foundation 
moved to intervene as a co-plaintiff in the federal action, and when 
its motion was granted by the Court, filed its Complaint in 
Intervention, alleging similar CWA claims against MSD.
    The proposed Consent Decree will resolve the United States' CWA 
claims. Under the proposed Consent Decree, MSD will be required to 
implement comprehensive injunctive relief to expand and rehabilitate 
both its combined sewer system and its sanitary sewer system to reduce 
or eliminate unlawful SSOs and CSOs into various rivers and streams, as 
well as discharges to basements and from manholes or other discharge 
points in the St. Louis area. This injunctive relief will be performed 
over a 23-year period at a project cost of $4.7 billion. MSD will pay a 
total civil penalty of $1.2 million to the United States, and spend 
$1.6 million to carry out a program that will enable low income 
residents to elect to close their septic tanks and connect to the 
public sewer or to replace leaking private sewer lines. The consent 
decree also contains provisions pertaining to the claims of the 
Missouri Coalition for the Environment Foundation against MSD. The 
proposed Consent Decree has been signed by the United States, the 
Missouri Coalition for the Environment Foundation, and MSD.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive 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. The comments 
should refer to United States, et al. v. Metropolitan St. Louis Sewer 
District, D.J. Ref. 90-5-1-1-08111.
    During the public comment period, the proposed Consent Decree may 
be examined on the Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
consent decree may be obtained by mailing a request to the Consent 
Decree Library, P.O. Box 7611,

[[Page 49506]]

U.S. Department of Justice, Washington, DC 20044-7611. When requesting 
a copy by mail, please enclose a check payable to the U.S. Treasury in 
the amount of $29.25 (25 cents per page reproduction cost). A copy may 
also be obtained by e-mailing or faxing a request to Tonia Fleetwood, 
[email protected], fax number (202) 514-0097, phone 
confirmation number (202) 514-1547, and mailing a check for the 
reproduction cost to the Consent Decree Library.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-20321 Filed 8-9-11; 8:45 am]