[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Page 69686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26577]


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DEPARTMENT OF JUSTICE


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

    On November 17, 2021, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of West Virginia in the lawsuit entitled United States and the 
State of West Virginia by and through the West Virginia Department of 
Environmental Protection v. Berkeley County Public Service Sewer 
District and Berkeley County Public Service Storm Water District, Civil 
Action No. 3:21-CV-179.
    This is a civil action for injunctive relief and civil penalties 
brought against the Berkeley County Public Service Sewer District (the 
``Sewer District'') pursuant to Sections 309(b) and (d) of the Clean 
Water Act (``CWA''), 33 U.S.C. 1319 (b) and (d); and Chapter 16, 
Article 1, Section 9a of the West Virginia Code, W. Va. Code 16-1-9a. 
The claims are based on violations of the CWA and the West Virginia 
Water Pollution Control Act (``WPCA'') in connection with the Sewer 
District's ownership and operation of sewage collection systems, a 
pretreatment plant and multiple wastewater treatment plants, and a 
municipal separate storm sewer system (``MS4'') in Berkeley County, 
West Virginia. The Berkeley County Public Service Storm Water District 
(``Storm Water District'') is included as a party to implement 
injunctive relief measures, because it has taken over operation of the 
MS4 from the Sewer District.
    Under the consent decree, the Sewer District will implement: 
Comprehensive performance evaluations, corrective action plans, and 
standard operating procedures for certain treatment plants; a sewage 
collection systems inspection and maintenance program; pump station 
compliance requirements; a fats, oil, and grease public education 
program; and an asset management software system designed to record and 
track each asset through its life cycle. The Storm Water District will 
develop and implement an MS4 Manual detailing general programmatic 
requirements and including plans for implementing measures to ensure 
compliance with the MS4 Permit. Both Defendants will implement regular 
training programs. In addition, the Sewer District will pay a civil 
penalty of $432,000 to the United States and $86,400 to the West 
Virginia Department of Environmental Protection, and will complete a 
state supplemental environmental project which will ensure treatment of 
sewage from two facilities that regularly operate in noncompliance with 
the West Virginia Water Pollution Control Act.
    A Federal Register notice opening a period for public comment on 
the proposed consent decree was published on November 23, 2021. 86 FR 
66590 (Nov. 23, 2021). The Justice Department website referenced in the 
Federal Register notice did not provide a link to the relevant 
complaint and consent decree until November 29, 2021. To ensure a 
complete comment period, the publication of this second notice opens a 
new period for public comment on the proposed consent decree.
    Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and should refer to United 
States and the State of West Virginia by and through the West Virginia 
Department of Environmental Protection v. Berkeley County Public 
Service Sewer District and Berkeley County Public Service Storm Water 
District, D.J. Ref. No. 90-5-1-1-11893. 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 $24.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $16.75.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-26577 Filed 12-7-21; 8:45 am]
BILLING CODE 4410-15-P