81_FR_28977 81 FR 28887 - Notice of Lodging of Proposed First Amended Consent Decree Under the Clean Water Act

81 FR 28887 - Notice of Lodging of Proposed First Amended Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 90 (May 10, 2016)

Page Range28887-28887
FR Document2016-10954

Federal Register, Volume 81 Issue 90 (Tuesday, May 10, 2016) 
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Page 28887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10954]


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DEPARTMENT OF JUSTICE


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

    On May 2, 2016, the Department of Justice lodged a proposed First 
Amended Consent Decree with the United States District Court for the 
Northern District of Ohio in the lawsuit entitled United States v. City 
of Akron, Ohio, et al., Civil Action No. 09-cv-00272.
    In this action the United States, and the State of Ohio in a cross-
claim, sought civil penalties and injunctive relief for violations of 
the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the 
City of Akron's (``Akron's'' or ``City's'') operation of its municipal 
wastewater treatment facility and sewer system. Under the Consent 
Decree, which was approved by the Court in January 2014, Akron was 
required to develop and implement a comprehensive plan to address 
overflows from its combined sewer system and bypasses around secondary 
treatment at the wastewater treatment facility. That plan, known as the 
``Long Term Control Plan Update'' (``LTCP Update''), which was approved 
by the United States in November 2011 and the State of Ohio in April 
2012, sets forth specific projects that the City is required to 
implement, and identifies dates for completion of these projects.
    The proposed amendment modifies two provisions of the 2014 Consent 
Decree to take into account new engineering solutions. Both of the 
affected projects are included in the approved LTCP Update. The first 
modification requires that the City expand secondary treatment at its 
wastewater treatment plant sooner than is required under the current 
agreement: Under the amended Decree, the City will achieve 220 million 
gallons/day of secondary treatment capacity by 2019 instead of 2021. In 
exchange, the City may delay by approximately two years the 
installation of a biologically enhanced high rate treatment 
(``BioActiflo'') unit at the treatment plant. The City has committed 
to, and the United States previously approved (under the terms of the 
Consent Decree itself), an increase in the size of secondary treatment 
capacity, and an equivalent reduction in the size of the BioActiflo 
unit.
    The second modification eliminates the requirement for the City to 
construct a mile-and-a-half-long sewer line parallel to an existing 
interceptor that connects the combined sewer system to the wastewater 
treatment plant. In place of the parallel sewer, the amendment requires 
the City to construct a steel reinforced concrete cap along all but a 
fraction of the existing interceptor sewer line. The cap will be in 
place by November 2017, the same Achievement of Full Operation date as 
for the original project.
    The publication of this notice opens a period for public comment on 
the First Amended Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. City of Akron, Ohio, et al., D.J. 
Ref. No. 90-5-1-1-3144/2. 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 Amendment to the 
Consent Decree may be examined and downloaded at this Justice 
Department Web site: https://www.justice.gov/enrd/consent-decrees. We 
will provide a paper copy of the proposed amendment to 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 $7.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2016-10954 Filed 5-9-16; 8:45 am]
BILLING CODE 4410-15-P

Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices 28887 110–246, which amended the Act; (2) approved LTCP Update. The first U.S. DOJ—ENRD, P.O. Box 7611, responses to the Advisory Council modification requires that the City Washington, DC 20044–7611. Report; and (3) other items within the expand secondary treatment at its Please enclose a check or money order jurisdiction of the Council. wastewater treatment plant sooner than for $7.25 (25 cents per page is required under the current agreement: reproduction cost) payable to the United Public Disclosure Under the amended Decree, the City States Treasury. Before including your address, phone will achieve 220 million gallons/day of number, email address, or other Randall M. Stone, secondary treatment capacity by 2019 personal identifying information in your instead of 2021. In exchange, the City Acting Assistant Section Chief, comment, please be advised that your Environmental Enforcement Section, may delay by approximately two years Environment and Natural Resources Division. entire comment—including your the installation of a biologically personal identifying information—may [FR Doc. 2016–10954 Filed 5–9–16; 8:45 am] enhanced high rate treatment be made publicly available at any time. (‘‘BioActiflo’’) unit at the treatment BILLING CODE 4410–15–P While you can ask us in your comment plant. The City has committed to, and to withhold your personal identifying the United States previously approved information from public review, we DEPARTMENT OF JUSTICE (under the terms of the Consent Decree cannot guarantee that we will be able to itself), an increase in the size of [OMB Number 1105–0099] do so. secondary treatment capacity, and an Dated: April 4, 2016. equivalent reduction in the size of the United States Marshals Service; Shelly Wiser, BioActiflo unit. Agency Information Collection Acting Regional Director, Upper Colorado The second modification eliminates Activities; Proposed Collection Region. the requirement for the City to construct Comments Requested; Extension With [FR Doc. 2016–10202 Filed 5–9–16; 8:45 am] a mile-and-a-half-long sewer line Change, of a Previously Approved BILLING CODE 4332–90–P parallel to an existing interceptor that Collection USMS Medical Forms connects the combined sewer system to AGENCY: U.S. Marshals Service, the wastewater treatment plant. In place Department of Justice. DEPARTMENT OF JUSTICE of the parallel sewer, the amendment ACTION: 60-day notice. requires the City to construct a steel Notice of Lodging of Proposed First reinforced concrete cap along all but a SUMMARY: The Department of Justice Amended Consent Decree Under the fraction of the existing interceptor sewer (DOJ), U.S. Marshals Service, will be Clean Water Act line. The cap will be in place by submitting the following information On May 2, 2016, the Department of November 2017, the same Achievement collection request to the Office of Justice lodged a proposed First of Full Operation date as for the original Management and Budget (OMB) for Amended Consent Decree with the project. review and approval in accordance with United States District Court for the The publication of this notice opens the Paperwork Reduction Act of 1995. Northern District of Ohio in the lawsuit a period for public comment on the First DATES: Comments are encouraged and entitled United States v. City of Akron, Amended Consent Decree. Comments will be accepted for 60 days until July Ohio, et al., Civil Action No. 09–cv– should be addressed to the Assistant 11, 2016. 00272. Attorney General, Environment and FOR FURTHER INFORMATION CONTACT: If In this action the United States, and Natural Resources Division, and should refer to United States v. City of Akron, you have additional comments the State of Ohio in a cross-claim, especially on the estimated public sought civil penalties and injunctive Ohio, et al., D.J. Ref. No. 90–5–1–1– 3144/2. All comments must be burden or associated response time, relief for violations of the Clean Water submitted no later than thirty (30) days suggestions, or need a copy of the Act, 33 U.S.C. 1251 et seq., in after the publication date of this notice. proposed information collection connection with the City of Akron’s Comments may be submitted either by instrument with instructions or (‘‘Akron’s’’ or ‘‘City’s’’) operation of its email or by mail: additional information, please contact municipal wastewater treatment facility Nicole Timmons, U.S. Marshals Service, and sewer system. Under the Consent To submit Washington, DC 20530–0001 (phone: Decree, which was approved by the Send them to: comments: 202–307–5168). Court in January 2014, Akron was required to develop and implement a SUPPLEMENTARY INFORMATION: Written By email ....... pubcomment-ees.enrd@ comments and suggestions from the comprehensive plan to address usdoj.gov. overflows from its combined sewer By mail ......... Assistant Attorney General, public and affected agencies concerning system and bypasses around secondary U.S. DOJ—ENRD, P.O. the proposed collection of information treatment at the wastewater treatment Box 7611, Washington, DC are encouraged. Your comments should facility. That plan, known as the ‘‘Long 20044–7611. address one or more of the following Term Control Plan Update’’ (‘‘LTCP four points: Update’’), which was approved by the During the public comment period, —Evaluate whether the proposed United States in November 2011 and the the First Amendment to the Consent collection of information is State of Ohio in April 2012, sets forth Decree may be examined and necessary for the proper asabaliauskas on DSK3SPTVN1PROD with NOTICES specific projects that the City is required downloaded at this Justice Department performance of the functions of the to implement, and identifies dates for Web site: https://www.justice.gov/enrd/ U.S. Marshals Service, including completion of these projects. consent-decrees. We will provide a whether the information will have The proposed amendment modifies paper copy of the proposed amendment practical utility; two provisions of the 2014 Consent to the Consent Decree upon written —Evaluate the accuracy of the agency’s Decree to take into account new request and payment of reproduction estimate of the burden of the engineering solutions. Both of the costs. Please mail your request and proposed collection of information, affected projects are included in the payment to: Consent Decree Library, including the validity of the VerDate Sep<11>2014 17:33 May 09, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1


Document Created: 2016-05-10 05:19:31
Document Modified: 2016-05-10 05:19:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 28887 
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