[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Pages 2319-2320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-718]


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DEPARTMENT OF JUSTICE


Notice of Extension of Public Comment Period for Lodging of 
Consent Decree Under the Clean Water Act

    On December 14, 2011, a proposed Consent Decree (``Decree'') was 
lodged with the United States District Court for the Northern District 
of Illinois in a case captioned United States, et al. v. Metropolitan 
Water Reclamation District of Greater Chicago, Civil Action No. 1:11-
cv-08859.
    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

[[Page 2320]]

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 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 discharges, localized flooding and 
stormwater impacts.
    In a Federal Register Notice published on December 22, 2011, the 
Department of Justice announced its intention to receive comments 
relating to the Consent Decree for a period of thirty (30) days from 
the date of that publication. 76 FR 79,710 (Dec. 22, 2011). In response 
to a request from various entities, the Department of Justice is 
extending that public comment period for sixty (60) days, until March 
21, 2012. 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 emailing a request to ``Consent Decree Copy'' 
([email protected]), or by faxing a request to 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 $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. 2012-718 Filed 1-13-12; 8:45 am]
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