[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Page 51619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24119]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree under the Clean 
Water Act

    Notice is hereby given that on September 29, 2009, a Consent Decree 
in United States of America and Commonwealth of Virginia v. Hampton 
Roads Sanitation District, Civil Action No. 2:09-cv-481, was lodged 
with the United States District Court for the Eastern District of 
Virginia, Norfolk Division.
    The Commonwealth of Virginia joins the United States as a co-
plaintiff in this action and in the consent decree. The proposed 
consent decree resolves the claims in the Joint Complaint in this 
action, filed together with this Notice of Lodging, in which the United 
States and the Commonwealth of Virginia allege that HRSD has violated 
the Federal Water Pollution Control Act, a/k/a/ the Clean Water Act, 33 
U.S.C. 1251 et seq. (the ``Act'') and the State Water Control Law, 
Sec.  62.1-44.2 et seq. of the Code of Virginia of 1950. Specifically, 
Plaintiffs allege that HRSD had over 350 unauthorized discharges of 
sewage, known as sanitary sewer overflows (``SSOs''), since February, 
2003.
    The consent decree obligates Hampton Roads Sanitation District 
(``HRSD''), located in Hampton Roads, Virginia, to implement a number 
of technical plans to evaluate its sanitary sewer system and sewage 
treatment plants, and to submit for approval a Regional Wet Weather 
Management Plan (``RWWMP'') to address potential capacity issues in its 
sanitary sewers and treatment plants. The consent decree further 
obligates HRSD to implement expeditiously the projects set forth in the 
RWWMP for HRSD to perform. HRSD also commits to implement a number of 
``priority one'' projects in its Capital Improvement Plan to upgrade 
its aging sewers; to submit a program to upgrade its maintenance 
programs; and to identify and fix components that have a high risk of 
failure. Finally, under the consent decree, HRSD must pay a civil 
penalty of $900,000 to Plaintiffs
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to this 
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#e8989d8a8b8785858d869cc58d8d9bc68d869a8ca89d9b8c8782c68f879e"><span class="__cf_email__" data-cfemail="65151007060a0808000b11480000164b000b1701251016010a0f4b020a13">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, Attention: 
Nancy Flickinger (EES), and should refer to United States of America 
and Commonwealth of Virginia v. Hampton Roads Sanitation District, 
Civil Action No. 2:09-cv-481 and DOJ <greek-i> 90-5-1-1-09125.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Eastern District of Virginia, World 
Trade Center, Suite 8000, 101 W. Main Street, Norfolk, VA. 23510. 
During the public comment period, the consent decree may also be 
examined on the following Department of Justice 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#e79388898e86c9818b82829390888883a7929483888dc9808891"><span class="__cf_email__" data-cfemail="daaeb5b4b3bbf4bcb6bfbfaeadb5b5be9aafa9beb5b0f4bdb5ac">[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 $ 255.50 (25 cents per 
page reproduction cost for a full copy) payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-24119 Filed 10-6-09; 8:45 am]
BILLING CODE 4410-15-P


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