[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25547-25548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09234]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
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]
BILLING CODE 4410-15-P