[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Page 69854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24258]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Agreement and Order Regarding 
Modification of the Consent Decree With Respect to TESI Under the Clean 
Water Act

    On September 30, 2016, the Department of Justice lodged a proposed 
Agreement and Order Regarding Modification of the Consent Decree With 
Respect to TESI (``Consent Decree Modification'') with the United 
States District Court for the Western District of Louisiana in the 
lawsuit entitled United States and the State of Louisiana v. Acadia 
Woods Add. #2 Sewer Co., et al., Civil Action No. 6:98-cv-0687.
    In its Second Amended Complaint, the United States alleged claims 
related to violations of the Clean Water Act and applicable discharge 
permits at sewage treatment plants in Louisiana owned and operated by 
Johnson Properties, Inc. and its subsidiaries. Subsequently, the sewage 
treatment plants were sold to Intervening Defendant Total Environmental 
Solutions, Inc. (``TESI''). The United States, Louisiana, and TESI 
agreed to the Consent Decree with Respect to TESI (``the Consent 
Decree'') which was entered by the Court on December 21, 2000. In the 
Consent Decree, TESI committed to operate the sewage treatment plants 
without service interruption and implement compliance measures intended 
to cause the sewage treatment plants to achieve compliance with the 
requirements of the CWA and the applicable discharge permits. The 
proposed Consent Decree Modification would modify the Consent Decree by 
requiring TESI to achieve compliance with the requirements of the Clean 
Water Act and the applicable discharge permits by implementing 
additional compliance measures. The Modified Consent Decree also 
specifies procedures and a schedule pursuant to which TESI, after it 
implements the additional compliance measures, will request removal of 
STPs from the Modified Consent Decree. Finally, the proposed Consent 
Decree Modification would revised the stipulated penalty provisions.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree Modification. Comments should be addressed 
to the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States and the State of Louisiana 
v. Acadia Woods Add. #2 Sewer Co., D.J. Ref. No. 90-5-1-1-4375. 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 proposed Consent Decree 
Modification may be examined and downloaded at this Justice Department 
Web site: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the proposed Consent Decree Modification 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 $62.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy of the proposed Consent Decree Modification without appendices, 
the cost is $8.75.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-24258 Filed 10-6-16; 8:45 am]
 BILLING CODE 4410-15-P