[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Page 13675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05226]



[[Page 13675]]

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DEPARTMENT OF JUSTICE


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

    On March 5, 2014, 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, State of 
Mississippi, by and through Mississippi Commission on Environmental 
Quality v. Total Environmental Solutions, Inc. and Utility Services, 
LLC, Civil Action No. 1:14-cv-001114-LG-JMR.
    The lawsuit was filed against Total Environmental Solutions, Inc. 
(``TESI'') and Utility Services, LLC on March 3, 2014 pursuant to Clean 
Water Act (``CWA'') Sections 309(b) and (d), 33 U.S.C. 1319(b) and (d), 
and the Mississippi Air and Water Pollution Control Law, Miss. Code 
Ann. Sec.  49-17-1 et seq., seeking penalties and injunctive relief 
under Sections 301 and 402 of the CWA, 33 U.S.C. 1311 and 1342, and 
under Miss. Code Ann. Sec. Sec.  49-17-23(2), 49-17-29 and 49-17-43(1) 
for (1) unpermitted discharges of untreated sewage into navigable 
waters and waters of the State of Mississippi; (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 failure to monitor or 
report the results of requiring monitoring of pollutants in its water 
discharges from July 2007 to June 2010.
    The proposed Consent Decree contains injunctive relief, including 
effluent monitoring and management, a sanitary sewer overflow plan, and 
the following operation and maintenance programs: (a) A comprehensive 
performance evaluation and development of a composite correction plan; 
(b) a sewer overflow response program; (c) an emergency operations and 
maintenance plan; (d) a training program; (e) an information management 
system program; (f) a sewer mapping program; (g) a financing and cost 
analysis program; (h) a fats, oils and grease public education program; 
(i) a pump station operations program; (j) a gravity line preventive 
maintenance program; and (k) a pump station preventive maintenance 
program. Utility Services intends to purchase the facilities from TESI 
and then assume the responsibilities of TESI to perform the injunctive 
relief. TESI also has agreed to pay a penalty of $225,000, of which 
$112,500 will be paid to the United States, and $112,500 will be paid 
to the Mississippi Department of Environmental Quality.
    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 Mississippi, by and through 
Mississippi Commission on Environmental Quality v. Total Environmental 
Solutions, Inc. and Utility Services, LLC, Civil Action No. 1:14-cv-
001114-LG-JMR, D.J. Ref. No. 90-5-1-1-09955. 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 $63.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the Consent Decree without Appendix B--EPA Region IV Guidance 
on Capacity, Management, Operation and Maintenance (``CMOM'') programs, 
the cost is $18.50.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-05226 Filed 3-10-14; 8:45 am]
BILLING CODE 4410-15-P