[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Page 71633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29070]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On November 20, 2012, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Mississippi in the lawsuit entitled United States and State 
of Mississippi v. City of Jackson, Mississippi, Civil Action No. 3:12-
cv-790 TSL.
    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. and under the Mississippi Air and Water Pollution Control Law 
(``MAWPCL'') (Miss. Code Ann. Sec. Sec.  49-17-1 through 49-17-45), 
against the City of Jackson, Mississippi (``City'' or ``Jackson''), 
through the performance of injunctive measures, the payment of a civil 
penalty, and the performance of a Supplemental Environmental Project 
(``SEP''). The United States and the State of Mississippi allege that 
the City is liable as a person who has discharged a pollutant from a 
point source to navigable waters of the United State without a permit 
and, in some cases, in excess of permit limitations.
    The proposed Consent Decree would resolve the liability of Jackson 
for the violations alleged in the complaint filed in this matter. To 
resolve these claims, Jackson would perform the injunctive measures as 
described in the proposed Consent Decree. More specifically, the 
proposed Consent Decree will require Jackson to implement comprehensive 
injunctive relief to assess and rehabilitate a majority of its 
collection system within approximately 18 years to eliminate wet 
weather/capacity-related Sanitary Sewer Overflows (``SSOs'') and 
develop and implement specific management, operation, and maintenance 
(``MOM'') programs that EPA determined were missing or deficient. The 
goal of the injunctive relief required under the proposed Consent 
Decree is to ensure Jackson's compliance with water quality standards 
and the Clean Water Act.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States & State of Mississippi v. City of 
Jackson, Mississippi, D.J. Ref. No. 90-5-1-1-09841. All comments must 
be submitted no later than thirty (30) days after the publication date 
of this notice. Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By e-mail............................  [email protected].
By mail..............................  Assistant Attorney General, U.S.
                                        DOJ--ENRD, P.O. Box 7611,
                                        Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $95.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits, the cost is $26.50.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-29070 Filed 11-30-12; 8:45 am]
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