[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38471-38472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18455]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amendment to Consent Decrees Under the Clean 
Water Act

    Under 28 CFR 50.7, notice is hereby given that on July 28, 2009, 
the Department of Justice lodged with the United States District Court 
for the Southern District of Ohio a proposed First Amendment to the 
Interim Partial Consent Decree on Sanitary Sewer Overflows and Consent 
Decree on Combined Sewer Overflows, Wastewater Treatment Plants and 
Implementation of Capacity Assurance Program Plan (``Global Decree''), 
which were entered by the Court on June 9, 2009 in United States and 
State of Ohio v. Board of County Commissioners of Hamilton County and 
the City of Cincinnati, Civil Action Nos. C-1-02-107 and C-1-02-108. 
The proposed First Amendment to the Consent Decrees conforms certain 
paragraphs of the Consent Decrees to the scheduling approach and 
certain other requirements set forth in the defendants' Wet Weather 
Improvement Program (WWIP), which was developed pursuant to the Consent 
Decrees and conditionally approved by the United States, the State of 
Ohio, and the Ohio River Valley Water Sanitation Commission on June 5, 
2009, subject to the Court's approval of the proposed modifications to 
the Consent Decrees.
    The proposed First Amendment would change Paragraph IX.B of the 
Global Decree to allow a phased approach to the schedule for 
implementation of the program, instead of requiring a fixed end date 
for all projects specified in advance in the WWIP. The first phase of 
work is estimated to cost $1.145 billion (in 2006 dollars) and, under 
the proposed First Amendment, must be completed by December 31, 2018. 
The WWIP and the First Amendment set forth the projects that must be 
completed in one or more subsequent stages and the process for 
establishing the remainder of the schedule, which must be as 
expeditious as practicable. The proposed First Amendment would also 
make a few technical and schedule changes to specific capital 
improvement projects required by the Consent Decrees.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed First Amendment to the Consent Decrees. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611, and either e-mailed to <a href="/cdn-cgi/l/email-protection#88f8fdeaebe7e5e5ede6fca5ededfba6ede6faecc8fdfbece7e2a6efe7fe"><span class="__cf_email__" data-cfemail="bfcfcadddcd0d2d2dad1cb92dadacc91dad1cddbffcaccdbd0d591d8d0c9">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611. In either case, the comments should 
refer to United States et al. v. Board of County Commissioners of 
Hamilton County and the City of Cincinnati, D.J. Ref. 90-5-1-6-341A.
    The First Amendment to the Consent Decrees may be examined at the 
Office of the United States Attorney for the Southern District of Ohio, 
221 E. 4th

[[Page 38472]]

Street, Atrium II, Suite 400, Cincinnati, Ohio 45202, and at U.S. EPA 
Region V, 77 West Jackson Blvd., Chicago, IL 60604-3590. A copy of the 
First Amendment to the Consent Decrees may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611. During the public comment period, 
the First Amendment to the Consent Decrees may also be examined on the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the First Amendment to the Consent 
Decrees 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#cfbba0a1a6aee1a9a3aaaabbb8a0a0ab8fbabcaba0a5e1a8a0b9"><span class="__cf_email__" data-cfemail="f98d96979098d79f959c9c8d8e96969db98c8a9d9693d79e968f">[email protected]</span></a>), fax number (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 $4.75 
(25 cents per page reproduction cost) payable to the United States 
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. E9-18455 Filed 7-31-09; 8:45 am]
BILLING CODE 4410-15-P


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