[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3159-3160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-973]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 6, 2011, a proposed Consent 
Decree in United States and State of Indiana v. City of Evansville, 
Indiana and Evansville Water and Sewer Utility Board, Civil Action No. 
3:09-CV-128, was lodged with the United States District Court for the 
Southern District of Indiana.
    In this action the United States and the State of Indiana seek 
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 
Evansville's operation of its municipal wastewater and sewer system. 
The United States' and State of Indiana's Complaint alleges that 
Evansville violated the Clean Water Act and Indiana law by, inter alia: 
(1) Discharging untreated sewage in such a way as to cause violations 
of applicable water quality standards for E. coli in the receiving 
streams; (2) discharging untreated sewage from the combined sewer 
collection system during dry weather into ``waters of the United 
States'' and ``waters of the state''; (3) failing to maximize treatable 
flow to the city's two wastewater treatment plants, known as the ``East 
Plant'' and the ``West Plant,'' during wet weather events, causing 
discharges of untreated sewage from combined sewer overflow (``CSO'') 
outfalls during times when there is remaining treatment capacity at the 
East Plant and the West Plant; (4) failing to properly operate and 
maintain the city's combined sewer and separate sanitary sewer 
collection systems in violation of the city's two NPDES permits; (5) 
illegally discharging untreated sewage from the city's sanitary sewer 
collection systems into navigable waters and their tributaries in 
violation of the city's two NPDES permits; (6) creating an imminent and 
substantial endangerment by releasing sewage onto public and private 
property and into residential dwellings and other buildings; and (7) 
failing to adequately report discharges from the collection system and 
CSO outfalls in violation of the reporting provisions in the city's 
NPDES permits.
    Under the proposed Decree, the City will be required to remedy the 
deficiencies in the capacity, operation and maintenance of Evansville's 
East Plant and West Plant, combined sewer system, and sanitary sewer 
system at a cost that may exceed $500 million. Evansville must make 
these improvements by calendar year 2032 or, if Evansville demonstrates 
a lack of financial capability, by calendar year 2037. In addition, the 
proposed Decree requires Evansville to pay the United States a civil 
penalty of $420,000 and the State of Indiana a civil penalty of 
$70,000, and spend an estimated $4 million to connect homes with 
failing septic systems to the city's sewer system.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to <a href="/cdn-cgi/l/email-protection#c7b7b2a5a4a8aaaaa2a9b3eaa2a2b4e9a2a9b5a387b2b4a3a8ade9a0a8b1"><span class="__cf_email__" data-cfemail="88f8fdeaebe7e5e5ede6fca5ededfba6ede6faecc8fdfbece7e2a6efe7fe">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and State of Indiana v. City of Evansville, 
Indiana, D.J. Ref. 90-5-1-1-08738.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Southern District of Indiana, 10 W. Market 
Street, Suite 2100, Indianapolis, IN 46204 (contact Assistant United 
States Attorney Tom Kieper (317/226-6333)), and at U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 
60604-3590 (contact Associate Regional Counsel Nicole Cantello (312/
886-2870)). During the public comment period, the proposed Consent 
Decree may also be examined on the following Department of Justice

[[Page 3160]]

Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of 
the proposed consent decree may also be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood (<a href="/cdn-cgi/l/email-protection#89fde6e7e0e8a7efe5ececfdfee6e6edc9fcfaede6e3a7eee6ff"><span class="__cf_email__" data-cfemail="d8acb7b6b1b9f6beb4bdbdacafb7b7bc98adabbcb7b2f6bfb7ae">[email protected]</span></a>), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $26.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-973 Filed 1-18-11; 8:45 am]
BILLING CODE 4410-15-P


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