[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Notices]
[Pages 8628-8629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01848]


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DEPARTMENT OF JUSTICE


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

    On January 19, 2017, the Department of Justice lodged a Third 
Modified Consent Decree with the United States District Court for the 
District of Massachusetts in the lawsuit entitled United States of 
America and Commonwealth of Massachusetts v. Lynn Water and Sewer 
Commission, Civil Action No. 76-cv-02184-RGS.
    The United States filed this lawsuit under the Clean Water Act, 33 
U.S.C. 1251 et seq. The complaint seeks civil penalties and injunctive 
relief for violations of the Clean Water Act relating to the sewer 
works systems currently owned and operated by the Lynn Water and Sewer 
Commission (``Commission''). A Second Modified Consent Decree 
(``SCMD'') was entered in this action on June 21, 2001, which provided 
for implementation by the Commission of a long-term combined sewer 
overflow (``CSO'') control plan. The Commission completed some of the 
obligations required under the SMCD, but did not complete other 
obligations. In 2014, the Commission completed the Lynn Water and Sewer 
Commission Combined Sewer Overflow Supplemental Facilities Plan Update 
(``2014 CSO Plan''), which recommends alternative CSO abatement 
projects to certain obligations required under the SMCD.
    The Third Modified Consent Decree (``TMCD'') requires the 
Commission to implement the CSO abatement projects recommended in the 
2014 CSO Plan. The TMCD also requires the Commission to implement a 
program to detect and eliminate illicit discharges to the Commission's 
storm sewer system and to implement plans to improve management, 
operation, and maintenance of its sanitary sewage and other facilities. 
The TMCD also requires the Commission to pay a civil penalty of 
$125,000.
    The publication of this notice opens a period for public comment on 
the TMCD. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States of America and Commonwealth of Massachusetts v. Lynn 
Water and Sewer Commission, D.J. Ref. No. 90-5-1-1-545B. 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: https://www.justice.gov/enrd/consent-decrees. 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 8629]]

page reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2017-01848 Filed 1-26-17; 8:45 am]
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