[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67500-67501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24327]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Interim Partial Consent Decree
Under the Clean Water Act
On October 31, 2022, the Department of Justice lodged a proposed
Interim Partial Consent Decree with the United States District Court
for the Northern District of Ohio, Western Division, in the lawsuit
entitled United States of America and the State of Ohio v. City of
Lakewood, Ohio, Civil Action No. 1:22-cv-01964.
The United States and the State of Ohio filed this lawsuit under
the Clean Water Act against the City of Lakewood, Ohio. The complaint
seeks injunctive relief and civil penalties for violations of the
regulations that govern discharges of pollutants to waters of the
United States. The Complaint alleges that on numerous occasions since
January 2016, Lakewood has: (1) discharged untreated sanitary sewage
into nearby waterbodies in violation of the Clean Water Act; and (2)
discharged effluent from combined sewer overflow outfalls in violation
of its permit.
The United States and the State of Ohio reached agreement with
Lakewood on an Interim Partial Consent Decree, which will partially
resolve the claims in the complaint. It will resolve all civil penalty
claims, but will not fully resolve the injunctive relief claims alleged
in the complaint. The Decree requires Lakewood to undertake several
projects to greatly reduce discharges of untreated sanitary sewage into
Lake Erie and the Rocky River. Lakewood will then be required to submit
an updated plan to reduce discharges of sanitary sewage in the
remainder of Lakewood's sewer system. Lakewood will ultimately be
required to implement its updated plan through a subsequent,
enforceable agreement with the United States and the State of Ohio and
demonstrate compliance with the Clean Water Act, which will fully
resolve all of the
[[Page 67501]]
injunctive relief claims in the complaint. Lakewood will pay a civil
penalty of $100,000, split evenly between the United States and the
State. The State joins in the proposed Decree.
The publication of this notice opens a period for public comment on
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 Ohio v. City of
Lakewood, Ohio, D.J. Ref. No. 90-5-1-1-08725/1. 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 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 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 $18.75 (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. 2022-24327 Filed 11-7-22; 8:45 am]
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