[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Page 75330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24168]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed First Modification To Consent 
Decree Under the Clean Water Act

    On October 25, 2023, the Department of Justice lodged a proposed 
first modification to the consent decree (``First Modification'') with 
the United States District Court for the District of Massachusetts in 
the lawsuit entitled United States and Commonwealth of Massachusetts v. 
City of Revere, Massachusetts, Civil Action No. 1:10-cv-11460 (D. 
Mass.).
    The United States filed this lawsuit in 2010 under the Clean Water 
Act (``Act''). The complaint sought injunctive relief and civil 
penalties for violations of the Act in connection with the City of 
Revere's operation of its sewage collection system and municipal 
separate storm sewer system (``MS4''). The allegations in the Complaint 
were resolved in a consent decree entered on November 17, 2010 
(``Consent Decree'') in which the City of Revere agreed, among other 
things, to develop and implement a Comprehensive Wastewater Management 
Plan and Comprehensive Stormwater Management Plan (``CWMP/CSMP'') to 
ensure identification and implementation of capital projects necessary 
to eliminate sanitary sewer overflows (``SSOs'') and bring its MS4 into 
compliance with National Pollutant Elimination System (``NPDES'') 
permit requirements.
    The proposed First Modification replaces the Consent Decree CWMP/
CSMP provisions with new provisions that require the City of Revere to 
update portions of its CWMP/CSMP by December 31, 2026. This update must 
include a summary of work completed pursuant to the Consent Decree, 
assessment of the City of Revere sewer system current service level and 
associated review of capacity-related SSOs, development and assessment 
of alternatives to achieve the goal of the Consent Decree to prevent 
collection system surcharges or capacity-related SSOs events, and a 
recommended plan and implementation schedule identifying projects to 
attain the target level of sewer system service of a ten-year design 
storm. The new provisions also extend the deadline for completion of 
all work proposed under Revere's CWMP/CSMP to December 31, 2038.
    The publication of this notice opens a period for public comment on 
the First Modification. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and Commonwealth of Massachusetts v. City 
of Revere, Massachusetts, Civil Action No. 1:10-cv-11460, D.J. Ref. No. 
90-5-1-1-09299. 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 First 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 First 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 $4.50 (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. 2023-24168 Filed 11-1-23; 8:45 am]
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