[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Page 809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-41]


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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 29, 2011, a proposed 
Consent Decree in United States and State of Indiana v. City of South 
Bend, Indiana, Civil Action No. 3:11CV505 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 South Bend (South Bend) for the 
relevant time periods, related to alleged discharges of untreated 
sewage from South Bend'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 South Bend to reduce its 
combined sewer overflows by comprehensively upgrading and expanding its 
sewage collection, storage, conveyance, and treatment system, at a cost 
of approximately $509.5 million in 2007 dollars. South Bend must 
complete these improvements by December 31, 2031 or, if South Bend 
demonstrates financial hardship, by December 31, 2036. Additionally, 
the proposed Decree requires South Bend to pay a total civil penalty of 
$88,200 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 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 and State of Indiana v. City of South Bend, 
Indiana, No. 3:11-CV-505 (N.D. Ind.), D.J. Ref. 90-5-1-1-08182.
    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 the U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 
60604-3590 (contact Associate Regional Counsel Gary Prichard (312) 886-
0570)).
    During the public comment period, the proposed Consent Decree also 
may 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 also may 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 ``Consent Decree 
Copy'' ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $21.00 
(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 address given above.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-41 Filed 1-5-12; 8:45 am]
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