[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Page 53941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22068]


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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 August 24, 2011; a proposed Consent 
Decree in United States and the State of Ohio v. City of Euclid, Ohio, 
Civil Action No. 1:11-CV-01783 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 City of Euclid's 
operation of its municipal wastewater and sewer system. The Complaint 
alleges that the City discharges combined sewer overflows (``CSOs'') 
and sanitary sewer overflows (``SSOs'') in violation of the Clean Water 
Act because, in the case of CSOs, the discharges of sewage violate 
limitations and conditions in the City's National Pollutant Discharge 
Elimination System (NPDES) permit, and, in the case of SSOs, the 
discharges of sewage are not authorized by the City's NPDES permit. The 
Complaint further alleges that the City bypasses treatment processes at 
its treatment plants, which also violate its NPDES permit.
    Under the proposed Consent Decree, Euclid will be required to 
submit to the United States Environmental Protection Agency (``EPA'') 
and the Ohio Environmental Protection Agency (``Ohio EPA'') an 
acceptable long term control plan to reduce its CSOs and treatment 
plant bypasses, and an SSO elimination plan to eliminate its SSOs. Once 
EPA and Ohio EPA approve the plans, Euclid will be required to 
implement the plans. The SSO work must be completed no later than 
December 31, 2020, and the CSO and treatment plant work must be 
completed and placed into full operation no later than December 31, 
2026. The City will pay $150,000 in civil penalties to be split evenly 
between the United States and the State of Ohio.
    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 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 Euclid, Ohio, D.J. Ref. 90-5-1-1-
08727.
    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 Joe Williams (312) 886-
6631). 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/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 $37.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address. In requesting a copy exclusive of exhibits, please 
enclose a check in the amount of $10 (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. 2011-22068 Filed 8-29-11; 8:45 am]
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