[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Pages 25547-25548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09234]



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

    On April 25, 2022, the Department of Justice lodged a proposed 
fifth modification to the consent decree with the United States 
District Court for the Southern District of Indiana in United States 
and the State of Indiana v. The City of Evansville, et al., Civil 
Action No. 3:09-cv-128 (S.D. Ind.).
    The United States filed this lawsuit in 2009 under the Clean Water 
Act (``Act''). The complaint sought injunctive relief and civil 
penalties for violations of the Act in connection with the City of 
Evansville's operation of its municipal wastewater and sewer system. 
The allegations in the Complaint were resolved in a Consent Decree, 
entered on June 22, 2011, in which the City of Evansville agreed, among 
other things, to develop a long term Integrated Overflow Control Plan 
(``IOCP'') that would remedy the deficiencies in the capacity, 
operation and maintenance of Evansville's East Plant and West Plant, 
combined sewer system, and sanitary sewer system. In 2016, the Court 
approved a consent decree modification adopting and incorporating 
Evansville's finalized IOCP, which included implementation of specific 
wastewater treatment and capacity upgrades and capital improvement 
projects over a 25-year period at an estimated cost of $729

[[Page 25548]]

million. The proposed Fifth Modification to the Consent Decree extends 
interim deadlines for up to five years for bid and construction dates 
on four IOCP projects, including the installation of a wetland 
treatment system to replace Bee Slough, but does not extend the final 
completion deadline. The proposed modification also clarifies and 
replaces some design criteria and imposes some additional requirements 
on various other improvement projects under the decree.
    The publication of this notice opens a period for public comment on 
the Fifth Modification 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 State of 
Indiana v. The City of Evansville, et al., D.J. Ref. No. 90-5-1-1-
08738. 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:

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

    During the public comment period, the proposed Fifth Modification 
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 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 $5.75 (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. 2022-09234 Filed 4-28-22; 8:45 am]