[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70194-70195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24430]


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DEPARTMENT OF JUSTICE


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

    On October 29, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Colorado in the lawsuit entitled United States of America, the State 
of Colorado, the Lower Arkansas Valley Water Conservancy District, and 
the Board of County Commissioners in the County of Pueblo v. the City 
of Colorado Springs, Colorado, Civil Action No. 1:16-cv-02745-JLK.
    The lawsuit seeks injunctive relief and civil penalties for 
violations of the Clean Water Act, 33 U.S.C. 1319(b) and (d), based on 
the City's violations of the terms and conditions of its National 
Pollutant Discharge Elimination System (``NPDES'') permit issued by the 
State of Colorado under Section 402(b) of the Clean Water Act, 33 
U.S.C. 1342(b), for discharges of stormwater from the City's municipal 
separate storm sewer system, as well as for violations of the Colorado 
Water Quality Control Act, Sec. Sec.  25-8-101 et seq. C.R.S.
    The proposed Consent Decree resolves all litigation in this action. 
The proposed Consent Decree requires the City of Colorado Springs to 
implement city-wide injunctive relief to comply with its NPDES permit, 
perform $11 million of mitigation to offset the environmental harm 
caused by its alleged violations, and pay the United States a $1 
million civil penalty. In addition, in lieu of receiving a civil 
penalty payment, the State of Colorado agrees that the City shall 
satisfy the State civil penalty through performance of a State approved 
supplemental environmental project valued at $1 million, to be 
performed by Intervenor Plaintiff the Lower Arkansas Valley Water 
Conservancy District.
    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, et al. v. the City of Colorado Springs, 
Colorado, Civil Action No. 1:16-cv-02745-JLK, DOJ number 90-5-1-1-
11293. All comments must be submitted no later than 30 days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

[[Page 70195]]



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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 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 $42.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-24430 Filed 11-3-20; 8:45 am]
BILLING CODE 4410-15-P