[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79710-79711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32773]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on December 14, 2011, a proposed 
Consent Decree (``Decree'') in United States, et al. v. Metropolitan 
Water Reclamation District of Greater Chicago, Civil Action No. 1:11-
cv-08859, was lodged with the United States District Court for the 
Northern District of Illinois.
    In this action the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), and the State of 
Illinois sought penalties and injunctive relief under the Clean Water 
Act (``CWA'') against the Metropolitan Water Reclamation District of 
Greater Chicago (``Defendant'') relating to discharges from its 
combined sewer outfalls (``CSOs''). The Complaint alleges that 
Defendant violated the following CSO-related provisions of its CWA 
permits: The prohibition on discharging pollutants into waters of the 
United States that cause or contribute to violations of applicable 
water quality standards for dissolved oxygen, solids, and floatables. 
The United States also alleges that Defendant violated the requirement 
of its National Pollutant Discharge Elimination System or NPDES permits 
to provide the equivalent of primary treatment for at least ten times 
the average dry weather flow for the average design year. The proposed 
Consent Decree between Defendant, the United States, and the State of 
Illinois requires the following: (1) A schedule for completion of the 
Tunnel and Reservoir Program (``TARP''), the long term control plan to 
increase Defendant's capacity to handle wet weather events and address 
CSO discharges in Chicago area waterways; (2) a plan to control 
floatables in such waterways; (3) post construction monitoring 
following completion of TARP; (4) payment of a civil penalty of 
$675,000, of which $350,000 will be paid to the United States and 
$325,000 to the State of Illinois; and (5) a green infrastructure 
program to reduce CSO

[[Page 79711]]

discharges, localized flooding and stormwater impacts.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, 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, et al. v. Metropolitan Water Reclamation District of 
Greater Chicago, D.J. Ref. 90-5-1-1-07679. During the public comment 
period, the Decree may be examined on the Department of Justice Web 
site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 
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 emailing 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 $31.25 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-32773 Filed 12-21-11; 8:45 am]
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