[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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