[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Notices]
[Page 43860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18267]


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DEPARTMENT OF JUSTICE


Notice of Lodging of a Consent Decree Pursuant to the Clean Water 
Act

    Notice is hereby given that a proposed Consent Decree in United 
States of America and the State of Tennessee v. City of Chattanooga, 
Tennessee, Civ. No. 1:12-cv-00245, was lodged on July 17, 2012 with the 
United States District Court for the Eastern District of Tennessee, 
Chattanooga Division.
    The proposed Consent Decree would resolve certain claims under 
Sections 301, 309 and 402 of the Clean Water Act, 33 U.S.C. 1251, et 
seq., against the City of Chattanooga (``City'' or ``Chattanooga''), 
through the performance of injunctive measures, the payment of a civil 
penalty, and the performance of Supplemental Environmental Projects 
(``SEPs''). The United States and the State of Tennessee allege that 
the City is liable as a person who has discharged a pollutant from a 
point source to navigable waters of the United States without a permit 
and, in some cases, in excess of permit limitations.
    The proposed Consent Decree would resolve the liability of 
Chattanooga for the violations alleged in the complaint filed in this 
matter. To resolve these claims, Chattanooga would perform the 
injunctive measures as described in the proposed Consent Decree. More 
specifically, the proposed consent decree will require Chattanooga to 
comprehensively assess and rehabilitate its entire sewer collection 
system to eliminate overflows of untreated raw sewage. Chattanooga will 
perform rehabilitation projects to address known problems within the 
collection system; implement programs to ensure proper management, 
operation and maintenance of its sewer systems; and install additional 
controls on the Chattanooga Creek combined sewer outfalls to ensure 
compliance with water quality standards.
    In addition, Chattanooga would pay a civil penalty of $476,400. The 
penalty will be split evenly between the United States and the State. 
The City will pay $238,200 to the United States Treasury. At the 
direction of the state, the other half of the civil penalty will be 
paid by Chattanooga through the performance of green infrastructure 
demonstration projects. In addition, Chattanooga has agreed to perform 
a stream restoration supplemental environmental project at a cost of 
$800,000.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. 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 of America and the State of Tennessee v. City of 
Chattanooga, DJ No. 90-5-1-1-10145.
    The proposed Consent Decree may be examined at the Region 4 Office 
of the Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street SW., Atlanta GA 30303. During the public comment period, 
the 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 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) 514-5271. In requesting a copy from the 
Consent Decree Library, please refer to United States of America and 
the State of Tennessee v. City of Chattanooga, (proposed Consent 
Decree, DOJ Ref. No. 90-5-1-1-10145), and enclose a check in the amount 
of $75.25 (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.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-18267 Filed 7-25-12; 8:45 am]
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