Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices 81521 

Daniel W. Sparks, and should refer to: 

Marathon Settlement Agreement. 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 ....... daniel_sparks@fws.gov. 

By mail ......... Daniel W. Sparks, Senior Fish 

and Wildlife Biologist, U.S. 

Fish and Wildlife Service, 

620 S Walker St., Bloomington, IN 47403. 

During the public comment period, 

the Settlement Agreement may be 

examined and downloaded at this 

website: https://www.fws.gov/midwest/ 

es/ec/nrda/BigCreekIndiana/ 

Index.html#AdminRecord. We will 

provide a paper copy of the Settlement 

Agreement upon written request and 

payment of reproduction costs. Please 

mail your request and payment to: 

Assistant Solicitor, Environmental 

Restoration Branch, Office of the 

Solicitor, U.S. Department of the 

Interior, 1849 C Street NW, MS 6318, 

Washington, DC 20240. 

Please enclose a check or money order 

for $2.50 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Patricia McKenna, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2020–27679 Filed 12–15–20; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed Second 

Amendment to Consent Decree Under 

the Clean Water Act 

On December 11, 2020, the 

Department of Justice lodged a proposed 

Second Amendment to Consent Decree 

(‘‘Second Amendment’’) with the 

United States District Court for the 

Northern District of Ohio in the lawsuit 

entitled United States and the State of 

Ohio v. Northeast Ohio Regional Sewer 

District, Civil Action No. 1:10–cv– 

02895. 

The United States, on behalf of the 

U.S. Environmental Protection Agency, 

and the State of Ohio, on behalf of the 

Ohio Environmental Protection Agency 

(‘‘Ohio EPA’’), filed a complaint under 

the Clean Water Act asserting claims 

related to discharges from the Northeast 

Ohio Regional Sewer District’s 

(‘‘NEORSD’’) municipal wastewater and 

sewer system. The United States sought 

civil penalties and injunctive relief. 

On July 7, 2011, the Court entered a 

Consent Decree that required that 

NEORSD implement injunctive 

measures and required payment of civil 

penalties. The injunctive relief in the 

Consent Decree requires, inter alia, that 

the District undertake an extensive 

program of improvements in its 

combined sewer overflow control 

infrastructure and that it significantly 

expand the capacity of its three 

wastewater treatment plants in order to 

increase the ability of the plants to treat 

increased sewer flows during wet 

weather. 

The proposed Second Amendment 

relates primarily to work that remains to 

be completed at the Southerly and 

Westerly wastewater treatment plants 

(Control Measures 5 and 3 specified in 

Appendix 1) and proposed changes to 

the structure of the improvements 

required by Control Measures 13, 14, 15, 

16, 17, 20, 21, 22, and 24 of Appendix 

1. The proposed modifications are 

reflected in changes to the language of 

the Consent Decree, Appendix 1, and 

Appendix 2. 

With regard to Southerly, the Consent 

Decree required two significant 

upgrades to increase the Southerly 

plant’s peak wet weather capacity: 

Construction of a 125 MGD CEHRT 

facility and expansion of secondary 

treatment capacity from 400 MGD to 615 

MGD. To address the District’s concerns 

about constructability and operability of 

the required expansion of secondary 

treatment capacity, the proposed 

modification instead requires the 

expansion of the secondary system to 

480 MGD and an expansion of the 

capacity of the CEHRT to 255 MGD. 

With regard to Westerly, the Consent 

Decree, in Control Measure 3 of 

Appendix 1, requires the District to 

modify and expand an existing wet 

weather storage and sedimentation 

facility (the ‘‘CSOTF’’) to provide 

CEHRT treatment for flows up to 411 

MGD. The Parties recognized after entry 

of the Consent Decree that site space 

constraints, upstream hydraulic 

limitations, and the potential for CEHRT 

infrastructure flooding requires the 

occasional use of a center channel 

diversion in such a manner that limits 

the District’s ability to treat 411 MGD at 

all times and therefore propose to 

address the limitations of the CEHRT 

treatment capacity by detailing the 

infrastructure to be constructed and 

circumstances under which the use of 

the center channel diversion is allowed 

to be used. 

Appendix 2 of the Consent Decree 

presents the requirements for postconstruction monitoring of the control 

measures that the District is required to 

implement. For both Southerly and 

Westerly CEHRT systems, the Parties 

decided to add to Appendix 2 detailed 

descriptions of the processes and 

methods for conducting postconstruction monitoring of the CEHRT 

systems instead of those details being 

addressed through a separate 

deliverable submitted by the District 

and subject to Plaintiffs’ review and 

approval. 

The proposed modification also 

updates the Notice requirements of the 

Consent Decree and makes replacements 

to Paragraph 18 of the Consent Decree 

based on the Southerly and Westerly 

modifications described above. 

The publication of this notice opens 

a period for public comment on the 

Second Amendment. Comments should 

be addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States and the State of Ohio v. 

Northeast Ohio Regional Sewer District, 

D.J. Ref. No. 90–5–1–1–08177/1. 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 ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, 

P.O. Box 7611, 

Washington, DC 20044–7611. 

During the public comment period, 

the Second Amendment may be 

examined and downloaded at this 

Justice Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

Second Amendment 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 $ 59.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Patricia McKenna, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2020–27680 Filed 12–15–20; 8:45 am] 

BILLING CODE 4410–15–P 


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