[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42801-42802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17088]


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DEPARTMENT OF JUSTICE


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

    On July 11, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of North Carolina (Southern Division) in the lawsuit entitled 
United States v. City of Wilmington, N.C., New Hanover County, N.C., 
and Cape Fear Public Utility Authority, (the ``Defendants'') and the 
State of North Carolina, as a Necessary Party required by 33 U.S.C. 
Section 1319(e), Civil Action No. 7:13-cv-144-BO. The Consent Decree 
resolves claims against the Defendants under Sections 301 and 402 of 
the Clean Water Act (the ``Act''), 33 U.S.C. 1311 and 1342, for 
discharges of pollutants from unpermitted point sources, and for 
violations of operation and maintenance requirements of the Defendants' 
National Pollutant Discharge Elimination System (``NPDES'') permits 
from at least 2003 through the date of filing of the complaint and the 
lodging of this Consent Decree. The Consent Decree requires the Cape 
Fear Public Utility Authority (the ``Authority'') to implement 
injunctive relief within approximately two years from entry of the 
Consent Decree with the goal of eliminating sanitary sewer overflows 
(``SSOs''). The Consent Decree sets forth specific actions the 
Authority must take to achieve compliance with the Act. In addition, 
the Consent Decree requires the payment of a civil penalty of $300,000.
    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 v. City of Wilmington, New Hanover 
County, and Cape Fear Public Utility Authority,(the ``Defendants'') and 
the State of North Carolina, D.O.J. No. 90-5-1-1-09405. 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, DC 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 $14.75 (25 cents per page

[[Page 42802]]

reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-17088 Filed 7-16-13; 8:45 am]
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