[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52418-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18291]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Agreement and Order 
Regarding Modification of the Consent Decree With Respect to TESI Under 
the Clean Water Act

    On August 17, 2022, the Department of Justice lodged a proposed 
Second Agreement and Order Regarding Modification of the Consent Decree 
with Respect to TESI (``the Second Consent Decree Modification'') with 
the United States District Court for the Western District of Louisiana 
in the lawsuit

[[Page 52419]]

entitled United States and Louisiana v. Acadia Woods Add. #2 Sewer Co., 
et al., Civil Action No. 6:98-0687.
    In its Second Amended Complaint, the United States alleged claims 
related to violations of the Clean Water Act and applicable discharge 
permits at sewage treatment plants in Louisiana owned and operated by 
Johnson Properties, Inc. and its subsidiaries. Subsequently, the sewage 
treatment plants were sold to Intervening Defendant Total Environmental 
Solutions, Inc. (``TESI''). The United States, Louisiana, and TESI 
agreed to the Consent Decree with Respect to TESI (``the Original 
Consent Decree'') which was entered by the Court on December 21, 2000. 
In the Original Consent Decree, TESI committed to operate the sewage 
treatment plants without service interruption and implement compliance 
measures intended to cause the sewage treatment plants to achieve 
compliance with the requirements of the CWA and the applicable 
discharge permits.
    The court entered a modification of the Consent Decree on May 18, 
2017 (the First Consent Decree Modification) that required TESI to 
achieve compliance with the requirements of the Clean Water Act and the 
applicable discharge permits by implementing additional compliance 
measures. The First Consent Decree Modification also specified 
procedures and a schedule pursuant to which TESI, after it implemented 
the additional compliance measures, could request removal of sewage 
treatment plants from the Consent Decree. Finally, the First Consent 
Decree Modification revised the stipulated penalty provisions.
    The proposed Second Consent Decree Modification provides for the 
transfer of sewage treatment plants that remain subject to the Consent 
Decree to Magnolia Water Utility Operating Company, LLC (``Magnolia'') 
which would be substituted for TESI as Intervening Defendant. The 
proposed Second Consent Decree Modification would also modify the 
schedule to provide Magnolia additional time to complete that the work 
required by the modified Consent Decree, modify some of the injunctive 
relief requirements for the sewage treatment plants that remain subject 
to the Consent Decree, and reduce stipulated penalties during the 
initial six months of Magnolia's operations.
    The publication of this notice opens a period for public comment on 
the Second Consent Decree Modification. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States and Louisiana v. Acadia 
Woods Add. #2 Sewer Co., et al., D.J. Ref. No.90-5-1-1-4375. 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 Consent Decree 
Modification 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 Second Consent Decree Modification 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 $13.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-18291 Filed 8-24-22; 8:45 am]
BILLING CODE 4410-15-P