80 FR 75880 - Notice of Lodging of Proposed Second Amendment to Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 233 (December 4, 2015)

[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Notices]
[Page 75880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30611]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Amendment to Consent Decree 
Under the Clean Water Act

    On November 30, 2015, the Department of Justice lodged a proposed 
Second Amendment to Consent Decree in United States and the State of 
Maryland, et al. v. Washington Suburban Sanitary Commission, Civil 
Action No. PJM-04-3679 in the United States District Court for the 
District of Maryland, Greenbelt Division. Notice is hereby given that, 
for a period of 30 days, the United States will receive public comments 
on the proposed Second Amendment to Consent Decree.
    On December 7, 2005, the United States District Court for the 
District of Maryland entered a Consent Decree in the above-referenced 
case to resolve claims that WSSC had violated the Clean Water Act and 
Maryland water pollution control, health and nuisance laws. Four 
citizens groups- the Anacostia Watershed Society, the Audubon 
Naturalist Society of the Central Atlantic States, Inc., Friends of 
Sligo Creek, and Natural Resources Defense Council also intervened as 
plaintiffs in the underlying civil action, and signed the Consent 
Decree. In a First Amendment to the Consent Decree another citizens 
group- the Patuxent Riverkeeper- also intervened as a plaintiff.
    The overarching purpose of the 2005 Consent Decree is to eliminate 
the sanitary sewer overflows (``SSOs'') occurring in WSSC's collection 
system by, among other things, requiring WSSC to inspect the condition 
of its sewer basins, identify structural and capacity problems 
contributing to SSOs, and to propose plans to remediate such problems. 
The 2005 Consent Decree, as entered, requires WSSC to complete 
collection system repair work by December 7, 2015. Although WSSC has 
completed the majority of this work, it has been unable to complete a 
sizable portion of the work due to delays in obtaining necessary 
permits from governmental agencies, and the need to institute 
condemnation proceedings to obtain access to private property to 
perform sewer work.
    Thus in the proposed Second Amendment the United States, Maryland 
and WSSC have agreed that WSSC shall have six additional years to 
complete most of the ``delayed work.'' The Second Amendment makes an 
exception to the overall six year extension for delayed work affecting 
lands owned and managed by the National Park System (``NPS'') of the 
United States Department of Interior. For sewer projects affecting NPS 
lands, the timing of NPS's issuance of a permit to proceed will 
determine how much additional time WSSC has to complete such work.
    Pursuant to Paragraph 60 (the ``Modification Section'') of the 2005 
Consent Decree, material modifications to the Decree may be made by 
written agreement of the United States, Maryland and WSSC, and approval 
of the Court, after notice and motion to all parties. The citizens 
groups have a right to support or oppose a motion for material 
modification by filing with the Court and serving on all parties a 
statement of position.
    The publication of this notice also opens a period for public 
comment on the proposed Second Amendment to Consent Decree. Comments 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States and the 
State of Maryland, et al. v. Washington Suburban Sanitary Commission, 
(Civil Action No. PJM-04-3679, D.J. Ref. No. 90-5-1-1-07360. 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 proposed 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 $2.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2015-30611 Filed 12-3-15; 8:45 am]
 BILLING CODE 4410-15-P