81_FR_93098 81 FR 92854 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

81 FR 92854 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92854-92855
FR Document2016-30628

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016) 
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92854-92855]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30628]


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DEPARTMENT OF JUSTICE


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

    On December 12, 2016, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of Indiana in the lawsuit entitled United States and State of 
Indiana v. the City of Gary, Indiana, and Gary Sanitary District, Civil 
Action No. 2:16-cv-512 (N.D. Ind.).
    The United States and the State filed a complaint under the Clean 
Water Act, alleging violations of the Gary Sanitary District's 
wastewater discharge permit and duty to respond to an information 
request issued by the United States Environmental Protection Agency. 
The Settling Defendants are the Gary Sanitary District and the City of 
Gary. The proposed consent decree requires the Settling Defendants to: 
(1) Develop and implement a control plan addressing discharges from the 
Gary Sanitary District's combined sewer overflow outfalls into the 
local water bodies; (2) implement additional operational changes 
focused on improving the wastewater treatment system's efficiency; (3) 
repay an outstanding loan extended to the City by the District; (4) pay 
a civil penalty of $75,000; (5) perform a supplemental environmental 
project costing $175,000; and (6) provide schedules for the remaining 
remediation of the Ralston Street Lagoon and the remediation of 
sediment in the Grand Calumet River, which are outstanding Clean Water 
Act and Toxic Substances Control Act requirements from a consent decree 
entered into by the Parties in 2003 in Civil Action No. 2:78-cv-29 and 
86-540 (N.D. Ind.). The settlement would resolve the Settling 
Defendants' civil liability for the violations alleged in the complaint 
that has been filed in the same action also on December 12, 2016. The 
United States and Indiana reached

[[Page 92855]]

a settlement in 2014 pertaining to the same set of violations with the 
former operator of Gary Sanitary District's wastewater treatment 
system, United Water, Inc., and several of its subsidiaries, in United 
States of America and State of Indiana v. United Water, Inc. et al., 
Civil Action No. 2:14-cv-193 JD (N.D. Ind.)
    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 
and should refer to United States and State of Indiana v. the City of 
Gary, Indiana, and Gary Sanitary District, D.J. Ref. No. 90-5-1-1-2601/
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 proposed 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 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 $36.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $18.25.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2016-30628 Filed 12-19-16; 8:45 am]
 BILLING CODE 4410-15-P

92854 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices material injury within a reasonably subparts A, D, E, and F (19 CFR part up to 90 days pursuant to 19 U.S.C. foreseeable time. 207). 1675(c)(5)(B). DATES: Effective Date: December 5, 2016. Staff report.—A staff report Authority: These reviews are being containing information concerning the conducted under authority of title VII of the FOR FURTHER INFORMATION CONTACT: subject matter of the reviews will be Tariff Act of 1930; this notice is published Lawrence Jones (202–205–3358), Office placed in the nonpublic record on pursuant to section 207.62 of the of Investigations, U.S. International Commission’s rules. December 15, 2016, and made available Trade Commission, 500 E Street SW., to persons on the Administrative By order of the Commission. Washington, DC 20436. Hearing- Protective Order service list for these Issued: December 14, 2016. impaired persons can obtain reviews. A public version will be issued Lisa R. Barton, information on this matter by contacting thereafter, pursuant to section the Commission’s TDD terminal on 202– Secretary to the Commission. 207.62(d)(4) of the Commission’s rules. 205–1810. Persons with mobility [FR Doc. 2016–30534 Filed 12–19–16; 8:45 am] Written submissions.—As provided in impairments who will need special BILLING CODE 7020–02–P section 207.62(d) of the Commission’s assistance in gaining access to the rules, interested parties that are parties Commission should contact the Office to the reviews and that have provided of the Secretary at 202–205–2000. DEPARTMENT OF JUSTICE individually adequate responses to the General information concerning the notice of institution,2 and any party Commission may also be obtained by Notice of Lodging of Proposed other than an interested party to the accessing its internet server (https:// Consent Decree Under the Clean Water reviews may file written comments with www.usitc.gov). The public record for Act the Secretary on what determinations these reviews may be viewed on the the Commission should reach in the On December 12, 2016, the Commission’s electronic docket (EDIS) reviews. Comments are due on or before Department of Justice lodged a proposed at https://edis.usitc.gov. December 22, 2016 and may not contain consent decree with the United States SUPPLEMENTARY INFORMATION: new factual information. Any person District Court for the Northern District Background.— On December 5, 2016, that is neither a party to the five-year of Indiana in the lawsuit entitled United the Commission determined that the reviews nor an interested party may States and State of Indiana v. the City domestic interested party group submit a brief written statement (which of Gary, Indiana, and Gary Sanitary response to its notice of institution (81 shall not contain any new factual District, Civil Action No. 2:16–cv–512 FR 60386, September 1, 2016) of the information) pertinent to the reviews by (N.D. Ind.). subject five-year reviews was adequate. December 22, 2016. However, should The United States and the State filed The Commission also determined that the Department of Commerce extend the a complaint under the Clean Water Act, the respondent interested party group time limit for its completion of the final alleging violations of the Gary Sanitary response with respect to the order on results of its reviews, the deadline for District’s wastewater discharge permit sulfanilic acid from China was adequate comments (which may not contain new and duty to respond to an information but that the respondent interested party factual information) on Commerce’s request issued by the United States group response with respect to the final results is three business days after Environmental Protection Agency. The orders on sulfanilic acid from India was the issuance of Commerce’s results. If Settling Defendants are the Gary inadequate. However, on November 18, comments contain business proprietary Sanitary District and the City of Gary. 2016, the sole participating respondent information (BPI), they must conform The proposed consent decree requires interested party, in the review on with the requirements of sections 201.6, the Settling Defendants to: (1) Develop sulfanilic acid from China (Archroma), 207.3, and 207.7 of the Commission’s and implement a control plan withdrew its position and statements rules. The Commission’s rules with addressing discharges from the Gary that advocated for revocation of the respect to filing were revised effective Sanitary District’s combined sewer order. The Commission therefore July 25, 2014. See 79 FR 35920 (June 25, overflow outfalls into the local water determined that it would not be 2014), and the revised Commission bodies; (2) implement additional appropriate to conduct a full review of Handbook on E-filing, available from the operational changes focused on the order concerning China. The Commission’s Web site at https:// improving the wastewater treatment Commission did not find any edis.usitc.gov. system’s efficiency; (3) repay an circumstances that warranted In accordance with sections 201.16(c) outstanding loan extended to the City by conducting full reviews with respect to and 207.3 of the rules, each document the District; (4) pay a civil penalty of the orders concerning India.1 filed by a party to the reviews must be $75,000; (5) perform a supplemental Accordingly, the Commission served on all other parties to the reviews environmental project costing $175,000; determined that it would conduct (as identified by either the public or BPI and (6) provide schedules for the expedited reviews pursuant to section service list), and a certificate of service remaining remediation of the Ralston 751(c)(3) of the Tariff Act of 1930 (19 must be timely filed. The Secretary will Street Lagoon and the remediation of U.S.C. 1675(c)(3)). not accept a document for filing without sediment in the Grand Calumet River, For further information concerning a certificate of service. which are outstanding Clean Water Act the conduct of these reviews and rules Determinations.—The Commission and Toxic Substances Control Act of general application, consult the has determined these reviews are requirements from a consent decree Commission’s Rules of Practice and extraordinarily complicated and entered into by the Parties in 2003 in mstockstill on DSK3G9T082PROD with NOTICES Procedure, part 201, subparts A and B therefore has determined to exercise its Civil Action No. 2:78–cv–29 and 86–540 (19 CFR part 201), and part 207, authority to extend the review period by (N.D. Ind.). The settlement would resolve the Settling Defendants’ civil 1 A record of the Commissioners’ votes, the 2 The Commission has found the responses liability for the violations alleged in the Commission’s statement on adequacy, and any submitted by Nation Ford Chemical Co. and individual Commissioner’s statements will be Archroma U.S., Inc. to be individually adequate. complaint that has been filed in the available from the Office of the Secretary and at the Comments from other interested parties will not be same action also on December 12, 2016. Commission’s Web site. accepted (see 19 CFR 207.62(d)(2)). The United States and Indiana reached VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92855 a settlement in 2014 pertaining to the Consent Decree with the United States without the exhibits and signature same set of violations with the former District Court for the Western District of pages, the cost is $10.50. operator of Gary Sanitary District’s Virginia in the lawsuit entitled United Robert Brook, wastewater treatment system, United States and Commonwealth of Virginia, Water, Inc., and several of its Secretary of Natural Resources v. E.I. du Assistant Section Chief, Environmental Enforcement Section, Environment and subsidiaries, in United States of Pont de Nemours and Company, Civil Natural Resources Division. America and State of Indiana v. United Action No. 5:16–CV–00082. [FR Doc. 2016–30642 Filed 12–19–16; 8:45 am] Water, Inc. et al., Civil Action No. 2:14– The Consent Decree resolves claims against E.I. du Pont de Nemours and BILLING CODE 4410–15–P cv–193 JD (N.D. Ind.) The publication of this notice opens Company (‘‘DuPont’’) for natural a period for public comment on the resource damages under the proposed consent decree. Comments Comprehensive Environmental DEPARTMENT OF LABOR should be addressed to the Assistant Response, Compensation, and Liability Attorney General, Environment and Act, the Clean Water Act, and the State Agency Information Collection Natural Resources Division and should Water Control Law relating to Activities; Submission for OMB refer to United States and State of discharges of mercury from a former Review; Comment Request; Coal Mine Indiana v. the City of Gary, Indiana, and acetate fiber manufacturing facility in Rescue Teams: Arrangements for Gary Sanitary District, D.J. Ref. No. 90– Waynesboro, Virginia. Under the Emergency Medical Assistance and 5–1–1–2601/2. All comments must be Consent Decree, DuPont is required to Transportation for Injured Persons- submitted no later than thirty (30) days pay certain unreimbursed government Agreements, Reporting Requirements, after the publication date of this notice. assessment costs, pay a total of and Posting Requirements Comments may be submitted either by $42,069,916.78 for natural resource AGENCY: Office of the Secretary, email or by mail: restoration projects to be used by the Department of Labor. natural resource Trustees for projects ACTION: Notice. To submit Send them to: pursuant to the Restoration Plan for the comments: site, and implement a fish hatchery SUMMARY: The Department of Labor project for modifications and (DOL) is submitting the Mine Safety and By email ....... pubcomment-ees.enrd@ improvements to the Front Royal Fish Health Administration (MSHA) usdoj.gov. By mail ......... Assistant Attorney General, Hatchery. sponsored information collection U.S. DOJ—ENRD, P.O. The publication of this notice opens request (ICR) titled, ‘‘Coal Mine Rescue Box 7611, Washington, DC a period for public comment on the Teams: Arrangements for Emergency 20044–7611. Consent Decree. Comments should be Medical Assistance and Transportation addressed to the Assistant Attorney for Injured Persons-Agreements, During the public comment period, General, Environment and Natural Reporting Requirements, and Posting the proposed consent decree may be Resources Division, and should refer to Requirements,’’ to the Office of examined and downloaded at this United States and Commonwealth of Management and Budget (OMB) for Justice Department Web site: https:// Virginia, Secretary of Natural Resources review and approval for continued use, www.justice.gov/enrd/consent-decrees. v. E.I. du Pont de Nemours and without change, in accordance with the We will provide a paper copy of the Company, D.J. Ref. No. 90–11–3–09419. Paperwork Reduction Act of 1995 proposed consent decree upon written All comments must be submitted no (PRA), 44 U.S.C. 3501 et seq. Public request and payment of reproduction later than 45 days after the publication comments on the ICR are invited. costs. Please mail your request and date of this notice. Comments may be DATES: The OMB will consider all payment to: Consent Decree Library, submitted either by email or by mail: written comments that agency receives U.S. DOJ—ENRD, P.O. Box 7611, To submit on or before January 19, 2017. Washington, DC 20044–7611. Send them to: Please enclose a check or money order comments: ADDRESSES: A copy of this ICR with for $36.50 (25 cents per page applicable supporting documentation; By email ....... pubcomment-ees.enrd@ including a description of the likely reproduction cost) payable to the United usdoj.gov. States Treasury. For a paper copy By mail ......... Assistant Attorney General, respondents, proposed frequency of without the exhibits and signature U.S. DOJ—ENRD, P.O. response, and estimated total burden pages, the cost is $18.25. Box 7611, Washington, DC may be obtained free of charge from the 20044–7611. RegInfo.gov Web site at http:// Randall M. Stone, www.reginfo.gov/public/do/ Acting Assistant Section Chief, During the public comment period, PRAViewICR?ref_nbr=201611-1219-002 Environmental Enforcement Section, the Consent Decree may be examined (this link will only become active on the Environment and Natural Resources Division. and downloaded at this Justice day following publication of this notice) [FR Doc. 2016–30628 Filed 12–19–16; 8:45 am] Department Web site: https:// or by contacting Michel Smyth by BILLING CODE 4410–15–P www.justice.gov/enrd/consent-decrees. telephone at 202–693–4129, TTY 202– We will provide a paper copy of the 693–8064, (these are not toll-free Consent Decree upon written request numbers) or by email at DOL_PRA_ DEPARTMENT OF JUSTICE and payment of reproduction costs. PUBLIC@dol.gov. Please mail your request and payment Submit comments about this request mstockstill on DSK3G9T082PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the to: Consent Decree Library, U.S. DOJ— by mail or courier to the Office of Comprehensive Response, ENRD, P.O. Box 7611, Washington, DC Information and Regulatory Affairs, Compensation, and Liability Act and 20044–7611. Attn: OMB Desk Officer for DOL– Please enclose a check or money order MSHA, Office of Management and the Clean Water Act for $40.25 (25 cents per page Budget, Room 10235, 725 17th Street On December 15, 2016, the reproduction cost) payable to the United NW., Washington, DC 20503; by Fax: Department of Justice lodged a proposed States Treasury. For a paper copy 202–395–5806 (this is not a toll-free VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1


Document Created: 2018-02-14 09:10:23
Document Modified: 2018-02-14 09:10:23
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 92854 
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