[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33769-33770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13827]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Second Amendment to First Amended Consent 
Decree Under the Clean Water Act

    Notice is hereby given that on May 31, 2012, a proposed Second 
Amendment to First Amended Consent Decree (``Amendment'') in United 
States and State of Georgia v. City of Atlanta, Civil Action No. 1:98-
CV-1956-TWT, was lodged with the United States District Court for the 
Northern District of Georgia.
    In this action the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), and the State of 
Georgia, at the request of Environmental Protection Division (``EPD'') 
sought penalties and injunctive relief under the Clean Water Act 
(``CWA'') against the City of Atlanta (``Defendant'') relating to 
Defendant's wastewater treatment facilities and the Defendant's 
wastewater collection and transmission system. The complaint alleged 
that Defendant violated the CWA, 33 U.S.C. 1251 et seq., and the 
Georgia Water Quality Control Act, O.C.G.A. Sec.  12-5-21 et seq. 
(``GWQCA''). On December 22, 1999, the Court entered the First Amended 
Consent Decree (``Decree''), resolving the allegations in the complaint 
regarding the Defendant's wastewater treatment facilities and 
Defendant's collection and transmission system. On April 28, 2003, the 
Court entered Amendments to the Decree to allow the substitution of 
certain projects required under the Decree.
    Defendant satisfied obligations under the Section VII Decree and 
the Court terminated the Decree on March 31, 2004 as to those 
obligations. Defendant has completed the majority of the work 
requirements of the Decree and has made substantial reductions in the 
total volume of sewage overflows. In order to comply with the 
requirements of the Decree, the Defendant has raised water and sewer 
rates by 252% over the past ten years. In addition, a 1% municipal 
option sales tax within the boundaries of the City of Atlanta has been 
imposed to contribute to the financing of the City's obligations under 
the Decree.
    Despite the Defendant's efforts and the increase in financing to 
support those efforts, the Defendant requested a thirteen year 
extension of the schedule set forth in the Decree to complete the 
remaining work, due to the financial circumstances the Defendant is 
facing. The Plaintiffs evaluated the Defendant's financial information 
and model and the financial condition the Defendant is facing and 
determined that, based on all

[[Page 33770]]

of the circumstances, the Defendant's request for an extension was 
reasonable.
    Documents relative to the Decree, including the proposed Amendment, 
can be accessed at www.cleanwateratlanta.org. See, specifically, City 
of Atlanta, First Amended Consent Decree, 1:98-CV-1956-TWT, Financial 
Capability-Based Amendment & Schedule Extension Request. Further 
information pertaining to the Defendant's water system can be accessed 
at www.atlantawatershed.org.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Amendment. 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 and State of Georgia v. City of Atlanta, D.J. Ref. 90-
5-1-1-4430. During the public comment period, the Amendment may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Amendment 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 ``Second Amendment to First Amended 
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 $4.750 (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.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-13827 Filed 6-6-12; 8:45 am]
BILLING CODE 4410-15-P