[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34064-34065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13961]


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DEPARTMENT OF JUSTICE


Notice of Lodging of the Consent Decree under the Clean Water Act

    Notice is hereby given that on June 4, 2012, a proposed Consent 
Decree in United States v.  Municipality of Arecibo and the 
Commonwealth of Puerto Rico, Civil Action No. 3:12-CV-01419, was lodged 
with the United States Court for the District of Puerto Rico.
    The proposed Consent Decree resolves violations alleged in the 
Complaint filed against the Municipality of Arecibo (``Arecibo'') which 
generally alleges that: (1) Arecibo failed to timely obtain coverage 
under the Small MS4 General Permit; (2) Arecibo discharged storm water 
into waters of the United States without a permit until receiving 
coverage under the Small MS4 General Permit; (3) Arecibo violates its 
Small MS4 General Permit by discharging sewage and sewage sludge not 
permitted by its permit; failing to develop, implement and enforce a 
program to detect and eliminate illicit discharges or to take all 
reasonable steps to minimize or prevent any discharges in violation of 
its permit; and failing to properly operate and maintain its system; 
and (4) discharges untreated sewage from its MS4 onto public and 
private property and into residential dwellings and other buildings 
where the public has or may have come into contact with the sewage.
    The proposed Consent Decree addresses the violations identified 
above by requiring Arecibo to conduct the following: Implement a Storm 
Water Management Plan (SWMP); provide training to the Municipality's 
employees who are responsible for complying with the terms of the 
Consent Decree and annual training for all employees that work at the 
pump station; comply with the Operation and Preventive Maintenance Plan 
recently approved by EPA; construct a New Pump Station and three storm 
water retention ponds; implement interim pump station operation 
procedures until the New Pump Station is in operation (including 
cleaning, disinfection, disposal and sampling); and completion of 
required closed circuit television studies of various watershed areas 
in the Municipality and repair and/or replace sewers as necessary. The 
injunctive relief to be completed under the Consent Decree is estimated 
to cost approximately $56 million. Arecibo also agrees to pay a civil 
penalty of $305,643 in three installment payments over the next two 
years.

[[Page 34065]]

    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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 
the matter as United States v. Municipality of Arecibo and the 
Commonwealth of Puerto Rico, D.J. Ref. 90-5-1-1-09891.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Torre Chardon Suite 1201, 350 Carlos Chardon Avenue, 
San Juan, Puerto Rico 00918, and at U.S. EPA CEPD office, City View 
Plaza--Suite 7000, 48 Rd. 165 KM. 1.2, Guaynabo, Puerto Rico 
00968-8069. During the public comment period, the 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 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 emailing a request to ``Consent Decree Copy'' 
([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 $16.00 (25 cents per 
page reproduction costs of the Consent Decree) 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.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resource Division.
[FR Doc. 2012-13961 Filed 6-7-12; 8:45 am]
BILLING CODE 4410-15-P