[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]
BILLING CODE 4410-15-P