[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Page 25548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09212]
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DEPARTMENT OF JUSTICE
Notice Lodging of Proposed Consent Decree Amendment Under the
Clean Water Act
On April 19, 2022, the Department of Justice lodged a proposed
Second Amendment to Consent Decree (``Second Amendment'') with the
United States District Court for the Northern District of Ohio in the
lawsuit entitled United States and State of Ohio v. City of Toledo,
Ohio, Civil Action No. 3:91-7646.
The Court entered a consent decree in this case on December 16,
2002, which resolved violations the United States and State of Ohio
alleged under the Clean Water Act and Toledo's wastewater treatment
discharge permit for the City of Toledo's (the ``City'') discharges
from the City's treatment plant and sewer system. The consent decree,
as subsequently amended in 2011, required Toledo, pertinent to the
Second Amendment to: (1) Expand treatment plant capacity to handle the
greater amounts of sewage combined with storm water or snowmelt
arriving at the treatment plant during such wet weather periods; (2)
implement a Long Term Control Plan to reduce the discharges of combined
stormwater and sanitary sewage from the portions of Toledo's sewer
system known as the City's combined sewer system, which among other
things, requires Toledo to construct extensions to tunnels that store
such combined sewage during periods of rain or snowmelt for transport
to the City's wastewater treatment plant following such periods; and
(3) study the effectiveness of pathogen removal in the wet weather
system Toledo constructed at its wastewater treatment plant pursuant to
the consent decree.
The proposed Second Amendment requires the City to construct
separate storm sewers instead of the Swan Creek North Tunnel Extension.
The storm sewer construction is intended to reduce congestion in
Toledo's combined sewer system more than the tunnel extension would,
resulting in fewer combined sewage discharges and less total volume of
sewer overflows into Swan Creek. Second, the Second Amendment
authorizes changes in one of the discharge locations from the combined
sewer system located near Jamie Farr Park after three combined sewer
outfalls are combined into one. Both locations are at the Maumee River;
they are about 0.4 miles apart. The original planned consolidated
outfall was located southeast of the intersection of Summit Street and
Galena Street, while the location of the consolidated outfall under
this amendment is located southeast of the intersection of Summit
Street and Columbus Street. The original planned consolidated outfall
was located southeast of the intersection of Summit Street and Galena
Street, while the new one is located southeast of the intersection of
Summit Street and Columbus Street. Third, the amendment allows the City
to conclude the pathogen removal study early, after the parties
realized that undertaking any additional study would not provide
additional information pertinent to pathogen removal issues.
The publication of this notice opens a period for public comment on
the Second Amendment. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and State of Ohio v. City of Toledo, D.J.
Ref. No. 90-5-1-1-3554. 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 Second Amendment may be
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Second Amendment 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 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. 2022-09212 Filed 4-28-22; 8:45 am]
BILLING CODE 4410-15-P