[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40868-40869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13235]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Safe
Drinking Water Act
On June 14, 2023, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Eastern
District of New York in the lawsuit entitled United States of America
v. County of Suffolk; Suffolk County Department of Parks and Recreation
and Suffolk County Department of Public Works, Civil Action No. 23-CV-
4369.
The United States filed this lawsuit under the Safe Drinking Water
Act, 42 U.S.C. 300f, et seq (``SDWA''). The complaint seeks civil
penalties and injunctive relief for ongoing and past operation of a
large number of a large capacity cesspools (``LCC'') and motor vehicle
waste disposal wells (``MVWDW'') in violation of SDWA and the
regulations promulgated thereunder, 40 CFR 144.80 to 144.89. The
relevant regulations required the closure of all LCCs nationwide as of
April 5, 2005, and all MVWDWs on or before January 1, 2008. Large-
capacity cesspools and motor vehicle waste disposal wells may pose a
serious risk to the public because they may contaminate underground
sources of drinking water.
The consent decree requires the Defendants to close the prohibited
LCCs and MVWDWs in accordance with a timetable contained in the CJ. The
LCCs are to be closed by phased deadlines, varying from thirty days
after the effective date of the CJ through January 2, 2031. Five
facilities will be closed in 2023, four in 2024, two in 2025, three in
2026, one in 2027, five in 2028, four in 2030 and one in 2031.
``Closure'' for purposes of the consent decree means permanent closing
of a facility upon submission of a Final Closure Report after following
the procedures set forth in the memorandum entitled ``EPA Region 2
Underground Injection Control (UIC) Program Instructions for Class V
Remediation/Closure Plans.'' In general, holding tanks will be the
replacement system for recreational vehicle dump stations and certain
LCCs. Innovative Alternative Systems, which provide greater nitrogen
reduction, will be used for systems associated with buildings. EPA
estimates this injunctive relief will cost $7,020,000. The consent
judgment also requires Defendants to pay a $200,000 civil penalty.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and
[[Page 40869]]
Natural Resources Division, Environmental Enforcement Section and
should refer to United States of America v. County of Suffolk; Suffolk
County Department of Parks and Recreation and Suffolk County Department
of Public Works, Civil Action No. 23-CV-4369, D.J. Ref. No. 90-5-1-1-
12533. 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 $17.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-13235 Filed 6-21-23; 8:45 am]
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