[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Page 9866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02738]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On February 5, 2024, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Massachusetts in United States and Commonwealth of Massachusetts v. 
City of Lowell, Massachusetts, 1:24-cv-10290 (D. Mass.).
    The United States filed a complaint for injunctive relief and civil 
penalties under sections 309(b) and (d) of the Clean Water Act, 33 
U.S.C. 1319(b) and (d), against Defendant, City of Lowell for: (1) 
unpermitted and illegal discharges from its wastewater collection 
system, without authorization under a National Pollutant Discharge 
Elimination System (``NPDES'') permit and in violation of section 301 
of the Clean Water Act, 33 U.S.C. 1311; and (2) unpermitted and illegal 
discharges of pollutants from its Small Municipal Separate Storm Sewer 
System. The Commonwealth of Massachusetts has moved to file an 
Intervenor's Complaint alleging violations of the Clean Water Act, the 
Massachusetts Clean Waters Act, M.G.L. c. 21, sections 26-53, and the 
regulations promulgated thereunder, 314 C.M.R. sections 3.00, et seq., 
7.00, et seq., and 12.00, et seq. Under the proposed Consent Decree 
among the parties, the City of Lowell must take measures necessary to 
achieve and maintain compliance with the Federal Clean Water Act, the 
Massachusetts Clean Waters Act, and the City's NPDES permit. These 
include measures to separate wastewater sewer pipes and stormwater 
pipes to prevent sewage discharges to the Merrimack and Concord Rivers 
and Beaver Brook from the combined pipes during rain events. Under the 
proposed Consent Decree, the City will also update and implement its 
Illicit Discharge Detection and Elimination program to detect and 
eliminate illicit connections from wastewater pipes or other sources of 
wastewater to the stormwater system. Finally, under the proposed 
settlement, the City will pay a $200,000 civil penalty for past 
noncompliance.
    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 Natural Resources Division, 
United States Department of Justice, and should refer to United States 
and Commonwealth of Massachusetts v. City of Lowell, Massachusetts, 
1:24-cv-10290 (D. Mass.), D.J. Ref. No. 90-5-1-1-12515. 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, D.C. 20044-7611.
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    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the proposed consent decree, you may request assistance by 
email or by mail to the addresses provided above for submitting 
comments.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-02738 Filed 2-9-24; 8:45 am]
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