[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Page 61328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27816]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On December 20, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Pennsylvania in the lawsuit entitled United States and 
Commonwealth of Pennsylvania Department of Environmental Protection 
(PADEP) v. City of Lancaster, Pennsylvania, Civil Action No. 17-cv-
5684. In a civil action filed on December 19, 2017, under Section 
309(d) of the Clean Water Act and the Pennsylvania Clean Streams Law, 
Act of June 22, 1987, P.S. 1937, as amended, 35 P.S. Sec. Sec.  691.1-
691.1001, the United States, on behalf of the Environmental Protection 
Agency, and PADEP alleged that Lancaster violated its National 
Pollutant Discharge Elimination System (``NPDES'') permit and the Clean 
Water Act and Pennsylvania Clean Streams Law by failing to develop and 
implement an adequate Long Term Control Plan (``LTCP''), violating 
effluent limits, failing to comply with the Nine Minimum Control 
Requirements, and discharging sanitary sewer overflows. In the 
Complaint, the United States and PADEP sought injunctive relief and 
penalties.
    The proposed Consent Decree resolves the claims alleged in the 
Complaint, and requires the City to take specified actions designed to 
achieve compliance with the Clean Water Act, Clean Streams Law, and the 
City's NPDES Permit. The proposed Consent Decree requires the City to 
submit an Amended Long Term Control Plan in accordance with the 
schedules contained in the Decree. In addition, City must pay a civil 
penalty of $135,000, to be split equally between the United States and 
PADEP, and the City must complete a Supplemental Environmental Project 
designed to improve water quality in the Conestoga River. The SEP 
involves daylighting a stream in the City of Lancaster, identified as 
Groff's Run.23.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Please address comments to the Assistant Attorney 
General, Environment and Natural Resources Division and refer to United 
States and Commonwealth of Pennsylvania Department of Environmental 
Protection v. City of Lancaster, DJ. Ref. No. 90-5-1-1-11135. 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:

------------------------------------------------------------------------
            To submit comments:                     Send them to:
------------------------------------------------------------------------
By email..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                            U.S. DOJ-ENRD,
                                            P.O. Box 7611,
                                            Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: 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 $23.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

 Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-27816 Filed 12-26-17; 8:45 am]
 BILLING CODE 4410-15-P