80 FR 63590 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 202 (October 20, 2015)

[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Page 63590]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26593]


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DEPARTMENT OF JUSTICE


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

    On October 15, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Rhode Island in the lawsuit entitled United States of America v. 
Rhode Island Department of Transportation, Civil Action No. CV-15-433-
ML-PAS.
    In the Complaint filed in this action, the United States, on behalf 
of the U.S. Environmental Protection Agency, alleges that the defendant 
Rhode Island Department of Transportation (``RIDOT'') has failed to 
comply with certain conditions and limitations of the municipal 
separate storm sewer system (``MS4'') permit applicable to it under the 
Clean Water Act, 33 U.S.C. 1251, et seq., including by failing to (a) 
conduct required catchment area assessments and implement storm water 
pollution controls, including structural controls, to address RIDOT 
storm water discharges to water-quality impaired waters, (b) develop 
and implement an adequate program to detect and eliminate illicit 
discharges into the RIDOT MS4, (c) sweep all RIDOT roads as required by 
the permit for pollution prevention, and (d) inspect, maintain, and 
repair catch basins and other components of RIDOT's storm water 
drainage systems.
    The Consent Decree requires RIDOT to (a) develop and implement 
storm water control plans to address RIDOT's discharges to water-
quality impaired waters, including impaired waters both with and 
without Total Maximum Daily Load determinations, (b) develop and 
implement an adequate program to detect and eliminate illicit 
discharges into the RIDOT MS4, (c) implement a street sweeping tracking 
system and sweep all RIDOT roads as required by the permit, with 
increased frequency street sweeping required in specified areas, and 
(d) implement a program to inspect, clean, and, as necessary, repair 
components of RIDOT's storm water drainage system, including catch 
basins, manholes, outfalls, and storm water treatment units, and to 
provide for tracking of the inspection and maintenance work.
    The Consent Decree also provides that RIDOT will pay a civil 
penalty of $315,000 and perform two supplemental environmental projects 
(``SEPs'') valued, collectively, at $234,600. The SEPs provide for the 
preservation of two forested parcels of land in watersheds of impaired 
waterways. The first parcel is approximately 55 acres and is located in 
Johnston, RI, abutting the Powder Mill Ledges Wildlife Refuge, in the 
watershed of Assapumpset Brook and the Woonasquatucket River. The other 
parcel is approximately 25 acres and is located in Lincoln, RI, in the 
vicinity of Olney Pond in Lincoln Woods State Park, in the watershed of 
the Moshassuck River.
    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 of America v. Rhode Island Department of 
Transportation, D.J. Ref. No. 90-5-1-1-10908. 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 Web site: http://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 $33.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement Section, Environment & 
Natural Resources Division.
[FR Doc. 2015-26593 Filed 10-19-15; 8:45 am]
 BILLING CODE 4410-15-P