[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Page 7569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01929]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Third Amendment to Consent Decree 
Under the Clean Water Act

    On January 15, 2021, the Department of Justice lodged a proposed 
Third Amendment to Consent Decree (Consent Decree) with the United 
States District Court for the Western District of Missouri, Western 
Division, in the lawsuit entitled United States of America v. The City 
of Kansas City, Missouri, Civil Action No. 4:10-CV-0497-GAF.
    The Complaint initiating this matter sought injunctive relief and 
civil penalties for alleged violations of the Clean Water Act, 33 
U.S.C. 1251 et seq., and National Pollutant Discharge Elimination 
System Permits issued thereunder in connection with overflows from 
Kansas City's sanitary and storm sewer systems. Kansas City (the 
``City'') and the United States entered a Consent Decree on May 18, 
2010, providing for the City to pay a civil penalty for its past 
violations of the Clean Water Act and to undertake a series of projects 
to reduce the overflows from its sewer system in accordance with an 
agreed-upon schedule.
    Under the proposed Third Amendment to Consent Decree, the City has 
agreed to achieve a series of interim overflow reductions culminating 
in achievement of at least 85% reduction of overflow volume not later 
than December 31, 2040. The interim milestones require capture of 
specified percentages of overflows and implementation of specified 
control measures by December 31, 2024, December 31, 2030, and December 
31, 2035. Additionally, the Third Amendment to Consent Decree 
incorporates adaptive management concepts intended to allow the parties 
expeditiously to agree upon re-ordering or substitution of projects in 
a manner that does not impact the achievement of interim or final flow 
capture requirements.
    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 of America v City of Kansas City, 
Missouri, D.J. Ref. No. 90-5-1-1-06438/1. 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 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 $26.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-01929 Filed 1-28-21; 8:45 am]
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