81 FR 95197 - Notice of Lodging of Proposed Consent Judgment Under the Safe Drinking Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 248 (December 27, 2016)

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95197-95198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31142]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Judgment Under the Safe 
Drinking Water Act

    On December 20, 2016, the Department of Justice lodged a proposed 
Consent Judgment with the United States District Court for the Eastern 
District of New York in the lawsuit entitled United States v. State of 
New York, et al., Civil Action No. 2:16-cv-6989.
    The United States filed a complaint in this action on the same day 
that the Consent Judgment was lodged with the Court. The Defendants are 
the State of New York; New York State Office of Parks, Recreation and 
Historic Preservation (``OPRHP'') (offices at 625 Broadway, Albany, New 
York 12238); and the Palisades Interstate Park Commission 
(``Commission'') (offices at Administration Building, Bear Mountain 
State Park, Bear Mountain, New York 10911-0427). The complaint arises 
out of Defendants' operation of Large Capacity Cesspools (``LCCs''). 
The complaint alleges that Defendants owned and operated 54 LCCs at 
various OPRHP and Commission parks (``the Prohibited LCCs'') in 
violation of the Safe Drinking Water Act (``SDWA''), 42 U.S.C. 300h, 
EPA's underground injection control (``UIC'') program, specifically the 
program's Class V UIC regulations found at 40 CFR 144.80 to 144.89. 
Pursuant to 40 CFR 144.82(b) and 144.88(a), owners and operators of 
``existing'' (i.e, operational or under construction by April 5, 2000) 
large-capacity cesspools were required to close them by April 5, 2005 
(``Class V Rule'').
    The complaint alleges claims for relief based on the following 
violation: The Prohibited LCCs were not closed by April 5, 2005, as 
required by the Class V Rule, 40 CFR 144.82(b) and 144.88(a), and the 
Prohibited LCCs, primarily located at Defendants' comfort stations, 
continued to operate after April 5, 2005.
    The Consent Judgment provides for Defendants to pay a $150,000 
civil penalty and to perform injunctive relief, including closing the 
Prohibited LCCs or otherwise converting them to lawful non-LCC uses by 
July 2019. Prohibited LCCs that are located on Long Island will be 
closed by September 2018, with most of the Long Island Prohibited LCCs 
being closed by September 2017.
    The Defendants implemented some injunctive relief before the 
lodging of the Consent Judgment, including closing six of the 
Prohibited LCCs and submitting closure plans for 29 of the remaining 
Prohibited LCCs.
    The Consent Judgment further requires Defendants to implement 
Supplemental Environmental Projects (SEPs) at seven of Defendants' Long 
Island parks The SEPS have a total estimated value of $1,020,000. All 
SEPs must be completed within three years after the Effective Date of 
the Consent Judgment. Each of the SEPs is intended to reduce the 
quantity of nutrients harmful to water quality, including nitrogen, 
from entering the local groundwater.
    The Consent Judgment resolves the civil claims of the United States 
for the violations alleged in the complaint

[[Page 95198]]

through the date of lodging of the Consent Judgment.
    The publication of this notice opens a period for public comment on 
the Consent Judgment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. State of New York, D.J. Ref. No. 90-5-
1-1-11400. All comments must be submitted no later than 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 Judgment 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 Consent Judgment 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 $18.00 (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 $10.25.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-31142 Filed 12-23-16; 8:45 am]
 BILLING CODE 4410-15-P