[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Page 67726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25861]


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DEPARTMENT OF JUSTICE


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

    On November 22, 2021, the Department of Justice lodged proposed 
modifications to a Consent Decree with the United States District Court 
for the Eastern District of Virginia in United States and the 
Commonwealth of Virginia v. Hampton Roads Sanitation District, Civil 
Case No. 2:09-cv-481 (E.D. Va.).
    The original Consent Decree was entered in February, 2010, and 
resolved civil claims under the Clean Water Act relating to the 
discharge of pollutants to navigable waters in the Tidewater region of 
southeast Virginia. The Consent Decree included wet weather capacity-
related measures ensuring that the regional sanitary sewer system and 
the Defendant's sewage treatment plants have adequate capacity to 
convey and treat wet weather sewer flows within the Hampton Roads 
region. In addition to the wet weather capacity-related measures 
required by the Consent Decree, HRSD has numerous other regional 
environmental obligations and initiatives which also further the CWA's 
objective of protecting the region's waters from pollution.
    The parties to the Consent Decree have agreed to certain 
modifications set forth in the Fifth Amendment to the Decree. The Fifth 
Amendment builds upon the previous amendments to the Consent Decree to 
provide for the phased implementation of the Defendant's proposed 
Regional Wet Water Management Plan (concurrently with an Aquifer 
Replenishment Program), and make conforming amendments to monitoring, 
assessment, and reporting requirements. It also resolves certain 
stipulated penalties and streamlines the termination requirements of 
the Consent Decree.
    The publication of this notice opens a period for public comment on 
the proposed modifications to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States and the 
Commonwealth of Virginia v. Hampton Roads Sanitation District, Civil 
Case No. 2:09-cv-481 D.J. Ref. No. 90-5-1-1-09125. All comments must be 
submitted no later than thirty (30) days after the publication date of 
this notice. Comments may be submitted 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 proposed amendments to 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 proposed amendments 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 $4.25 (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. 2021-25861 Filed 11-26-21; 8:45 am]
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