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)

[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]


=======================================================================
-----------------------------------------------------------------------

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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected]
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    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