[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Page 48599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22905]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 17, 2009, a proposed 
Consent Decree in United States and State of Indiana v. City of 
Jeffersonville, Indiana, Civil Action No. 09-cv-0125 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 
Jeffersonville's operation of its municipal wastewater and sewer 
system. The United States' and State of Indiana's Complaint alleges 
that Jeffersonville violated the Clean Water Act and Indiana law by: 
(1) Discharging untreated waste water from Jeffersonville's combined 
sewer system in a manner which violates the terms of the Clean Water 
Act and Indiana law; (2) discharging untreated waste water from 
Jeffersonville's separate sanitary sewer system in violation of the 
Clean Water Act and Indiana law; and (3) discharging pollutants from 
the final effluent of the Jeffersonville Wastewater Treatment Plant at 
levels exceeding pollutant limits set by the Clean Water Act and 
Indiana law.
    Under the proposed Decree, the City will be required to remedy the 
deficiencies in the capacity, operation and maintenance of 
Jeffersonville's WWTP, combined sewer system, and sanitary sewer system 
at an approximate cost of $100-150 million. Jeffersonville must make 
these improvements by calendar year 2020 or, if Jeffersonville 
demonstrates a lack of financial capability, by calendar year 2025. In 
addition, the proposed Decree requires Jeffersonville to pay the United 
States a civil penalty of $49,500 and the State of Indiana a civil 
penalty of $8,250, and spend at least $248,050 to build two constructed 
wetlands at an industrial site in the City of Jeffersonville and to 
improve stormwater drainage at a local park.
    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#53232631303c3e3e363d277e3636207d363d2137132620373c397d343c25"><span class="__cf_email__" data-cfemail="c3b3b6a1a0acaeaea6adb7eea6a6b0eda6adb1a783b6b0a7aca9eda4acb5">[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 Jeffersonville, 
Indiana, D.J. Ref. 90-5-1-1-08723.
    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 John Tielsch (312/353-
7447)). During the public comment period, the proposed Consent Decree, 
may also be examined on the following Department of Justice Web site, 
to 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#b6c2d9d8dfd798d0dad3d3c2c1d9d9d2f6c3c5d2d9dc98d1d9c0"><span class="__cf_email__" data-cfemail="21554e4f48400f474d444455564e4e45615452454e4b0f464e57">[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 $ 22.00 (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 Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-22905 Filed 9-22-09; 8:45 am]
BILLING CODE 4410-15-P


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