[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Page 56223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23234]


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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 September 6, 2011, a proposed 
Consent Decree in United States and State of Indiana v. City of 
Elkhart, Indiana, Civil Action No. 2:11CV328 was lodged with the United 
States District Court for the Northern District of Indiana.
    In this case, the United States and the State of Indiana (Indiana) 
seek civil penalties and injunctive relief for violations of the Clean 
Water Act, 33 U.S.C. 1251 et seq., Title 13 of the Indiana Code, Title 
327 of the Indiana Administrative Code, and certain terms and 
conditions of National Pollution Discharge Elimination System permits 
that Indiana issued to the City of Elkhart (Elkhart) for the relevant 
time periods, related to alleged discharges of untreated sewage from 
Elkhart's combined sewer collection system, i.e. ``combined sewer 
overflows,'' during wet weather events, and some dry weather time 
periods, into ``waters of the United States'' and ``waters of the 
state.''
    The proposed Consent Decree would require Elkhart to reduce its 
combined sewer overflows by comprehensively upgrading and expanding its 
sewage collection, storage, conveyance, and treatment system, at a cost 
of approximately $155.6 million in 2007 dollars. Elkhart must complete 
these improvements by December 31, 2029 or, if Elkhart demonstrates 
financial hardship, by July 1, 2033. Additionally, the proposed Decree 
requires Elkhart to pay a total civil penalty of $87,000 split equally 
between the United States and the State of Indiana.
    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 and State of Indiana v. City of Elkhart, 
Indiana, D.J. Ref. 90-5-1-1-08202.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Northern District of Indiana, 5400 Federal 
Plaza, Suite 1500, Hammond, IN 46320 (contact Assistant United States 
Attorney Wayne Ault (219-937-5650)), and at U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 
60604-3590 (contact Associate Regional Counsel Kathleen Schnieders 
(312-353-8912)). During the public comment period, the proposed Consent 
Decree may also be examined on the following Department of Justice Web 
site: 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 $20.75 (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 Katz .
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-23234 Filed 9-9-11; 8:45 am]
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