[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Page 50745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19569]



[[Page 50745]]

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DEPARTMENT OF JUSTICE


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

    On August 30, 2021, the Department of Justice filed a complaint and 
lodged a proposed consent decree with the United States District Court 
for the District of Montana in the lawsuit entitled United States v. 
Northern Cheyenne Utilities Commission, Civil Action No. 1:21-cv-00094-
SPW-TJC.
    The United States filed this lawsuit against the Northern Cheyenne 
Utilities Commission (``Defendant'') for violations of the Clean Water 
Act at the Lame Deer Wastewater Treatment Facility (``Facility''). The 
Facility is operated and maintained by the Defendant and located in 
Lame Deer, Montana, within the exterior boundaries of the Northern 
Cheyenne Indian Reservation. The Complaint seeks injunctive relief and 
civil penalties for the following violations of the Clean Water Act: 
Unpermitted discharge of pollutants from the Facility, noncompliance 
with the terms and conditions of the National Pollutant Discharge 
Elimination System (``NPDES'') permit issued to the Facility, and 
Defendant's failure to comply with the requirements of an 
administrative Order for Compliance issued to Defendant by the United 
States Environmental Protection Agency on July 7, 2015 (Docket No. CWA-
08-2015-0020).
    Under the proposed Consent Decree, Defendant will perform 
injunctive relief, including: Completion of certain Facility related 
physical improvements; the acquisition and maintenance of equipment 
spare parts; development of a Plan of Operations to operate and 
maintain the Facility in a manner consistent with its NPDES permit and 
the Clean Water Act; training and hiring of certified waste operators; 
development of an annual Facility budget; completion of an interim 
service rates study and implementation of service rates based on the 
study; development of an updated billing and collection policy; and 
development of a communication and notification plan to improve 
coordination on issues related to wastewater collection and treatment 
services provided by Defendant. In addition, Defendant will pay a 
$1,500.00 civil penalty, based on certain ability to pay limitations. 
The Consent Decree resolves the civil claims alleged by the United 
States in the Complaint.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments on the Consent Decree should be addressed 
to the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States v. Northern Cheyenne 
Utilities Commission, D.J. Ref. No. 90-5-1-1-11646. 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 $53.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the appendices and signature pages, the cost is $12.50.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-19569 Filed 9-9-21; 8:45 am]
BILLING CODE 4410-15-P