[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35315-35316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13913]


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DEPARTMENT OF JUSTICE


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

    On June 6, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Florida in the lawsuit entitled United States, State of 
Florida and State of Florida Department of Environmental Protection v. 
Miami-Dade County, Civil Action No. 1:12-cv-24400-FAM.
    The lawsuit was filed against Miami-Dade County on December 13, 
2012 pursuant to Clean Water Act (``CWA'') Sections 309(b) and (d) and 
504, 33 U.S.C. 1319(b) and (d) and 1364, and the Florida Air and Water 
Pollution Control Act, Fla. Stat. Chapter 403, seeking penalties and 
injunctive relief under Sections 301 and 402 of the CWA, 33 U.S.C. 1311 
and 1342, and under Fla. Stat. Sec. Sec.  403.121, 403.131, 403.141 and 
403.161 for (1) unpermitted discharges of untreated sewage from the 
sanitary sewer system into navigable waters and Florida waters; (2) 
failure to comply with certain National Pollutant Discharge Elimination 
System (``NPDES'') effluent permit conditions; (3) failure to comply 
with standard NPDES permit conditions, including proper operation and 
maintenance of the sewer system from December 2007 to the filing of the 
Complaint; and (4) imminent and substantial endangerment to health and 
welfare of persons, as well as irreparable injury to human health, 
waters, and property, including animal, plant and aquatic life of the 
state, due to the numerous sanitary sewer overflows; and the continued 
threat of failure of Miami-Dade's aged and deteriorated force mains, 
including the 54-inch force main underneath Government Cut between 
Fisher Island and south of the City of Miami Beach that conveys 
untreated wastewater from the City of Miami Beach under Biscayne Bay to 
the Central District Wastewater Treatment Plant.
    The proposed Consent Decree includes an estimated $1.55 billion in 
capital improvements to Miami-Dade's wastewater collection and 
transmission system over the next 15 years, including

[[Page 35316]]

sewer assessment, rehabilitation, repair, and replacement work on force 
mains, sewer lines, manholes, and pumps, and rehabilitation of all 
three wastewater treatment plants. Miami-Dade has also agreed to 
implement a number of EPA sewer maintenance and repair programs which 
EPA believes will dramatically reduce the incidence and severity of 
sanitary sewer overflows. Miami-Dade also has agreed to pay a penalty 
of $978,100, of which $511,800 will be paid to the United States, and 
$466,300 will be paid to Florida. Miami-Dade has also agreed to 
complete a Supplemental Environmental Project valued at $2,047,200.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, State of Florida and State of Florida 
Department of Environmental Protection v. Miami-Dade County, Civil 
Action No. 1:12-cv-24400-FAM, D.J. Ref. No. 90-5-1-1-4022/1. 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 email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    During the public comment period, the 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 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 $81 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the Consent Decree without the appendices, the cost is $25.25.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-13913 Filed 6-11-13; 8:45 am]
BILLING CODE 4410-CW-P