[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1049-1050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00076]


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DEPARTMENT OF JUSTICE


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

    On January 2, 2015, the Department of Justice lodged a proposed 
Consent Decree in United States and the State of Arkansas v. The City 
of Fort Smith, Arkansas, Civil Action No. 14-cv-02266-PKH in the United 
States District Court for the Western District of Arkansas. Notice is 
hereby given that, for a period of 30 days, the United States will 
receive public comments on the proposed Consent Decree.
    The United States and the State filed an amended complaint against 
Fort Smith on the same date. The amended complaint alleges that Fort 
Smith discharged untreated wastewater from Fort Smith's sanitary sewer 
collection system to waters of the United States and the State on 
numerous occasions, and that Fort Smith failed to comply with certain 
terms and conditions of its National Pollutant Discharge Elimination 
System permits, in violation of Sections 301 and 402 of the Clean Water 
Act, 33 U.S.C. 1311 and 1342.
    Under the settlement, Fort Smith will implement various injunctive 
measures to achieve full compliance with the Clean Water Act and 
eliminate sanitary system overflows. The injunctive measures to be 
undertaken by Fort Smith include conducting a comprehensive inspection 
of its collection system for condition defects, increasing capacity of 
sewer lines, where needed, repairing, rehabilitating or replacing sewer 
lines with significant defects, upgrading of pump stations, and 
developing and implementing a ``capacity, management, operation and 
maintenance system'' to further reduce the incidence of sanitary sewer 
overflows. The estimated cost of implementing these measures, over an 
anticipated 12 year period, is approximately $205,000,000 in current 
dollars. Fort Smith will also implement a Supplemental Environmental 
Project aimed at assisting qualified low income residential property 
owners to repair or replace defective private service lines which 
connection to its collection system, valued at $400,000. Fort Smith 
will also pay a civil penalty of to the United States of $300,000.
    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 and the State of Arkansas v. The City 
of Fort Smith, Arkansas, (Civil Action No. 14-cv-02266), D.J. Ref. No. 
90-5-1-1-08677. 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:

[[Page 1050]]



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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 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 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 $30.25 (25 cents per page reproduction cost) 
payable to the United States Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2015-00076 Filed 1-7-15; 8:45 am]
BILLING CODE 4410-15-P