[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Pages 489-490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28574]



Notice of Lodging of Proposed First Amendment To Consent Decree 
Under the Clean Water Act

    On December 29, 2021, the Department of Justice lodged a proposed 
First Amendment to Consent Decree with the United States District Court 
for the Southern District of Ohio in the lawsuit entitled United States 
and the State of Ohio v. City of Middletown, Ohio, Civil Action No. 18-
    The Complaint in the United States' lawsuit sought civil penalties 
and injunctive relief for alleged violations of the Clean Water Act 
(``CWA'') relating to the City of Middletown's sewer system in 
Middletown, Ohio. The Complaint alleged that: (1) Various discharges 
from Middletown's wastewater treatment plant violated the CWA by 
exceeding the effluent limitations in Middletown's permits; (2) 
Middletown's combined sewer overflow discharges violated the CWA by 
impairing downstream uses in the Great Miami River; (3) Middletown 
illegally discharged untreated sewage from its combined sewer overflow 
outfalls during dry weather; and (4) Middletown violated the CWA by 
failing to monitor and/or report the monitoring results for its 
outfalls as required.
    A Consent Decree resolving the claims in the Complaint was entered 
by the Court on April 12, 2018. The Consent Decree requires that 
Middletown, among other things, implement a Long Term Control Plan to 
reduce the discharges of combined stormwater and sanitary sewage from 
the portion of Middletown's sewer system known as

[[Page 490]]

the combined sewer system. The current LTCP, which was included with 
the Consent Decree as Appendix A, includes a number of combined sewer 
overflow control measures. During the detailed design phase of one of 
these measures following entry of the Consent Decree, Middletown 
discovered technical difficulties in carrying out the project as 
originally planned. The proposed First Amendment to Consent Decree 
substitutes an alternative project to convert a portion of Middletown's 
combined sewer system into a stormwater-only system.
    The publication of this notice opens a period for public comment on 
the First Amendment to 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 Ohio v. 
City of Middletown, Ohio, D.J. Ref. No. 90-5-1-1-08978. 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 

         To submit comments:                     Send them to:
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.

    During the public comment period, the First Amendment to 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 First Amendment to 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 $2.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-28574 Filed 1-4-22; 8:45 am]