```

[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50757-50758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20755]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on August 10, 2011 a proposed Consent 
Decree in United States and the State of West Virginia v. City of 
Elkins, Civil Action No. 2:11cv61, was lodged with the United States 
District Court for the Northern District of West Virginia. In this 
action the United States and the State seeks 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 Elkins' operation of its 
municipal wastewater and sewer system.
    Under the proposed Consent Decree, Elkins is required to: (1) 
Implement injunctive measures through a long term control plan 
(``LTCP'') to eliminate dry weather overflows (``DWOs'') and reduce 
combined sewer overflows (``CSOs'') by March 2023 by completing sewer 
separation projects and upgrades at an approximate cost of $4.2 
million; (2) pay the United States a civil penalty of $32,400; (3) pay 
the State a civil penalty of $32,400 and (3) establish and operate a 
yard waste pick-up and recycling program for Elkins' residents as a 
Supplemental Environmental Project (``SEP'').
    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 [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and West Virginia Department of Environmental 
Protection v. City of Elkins, D.J. Ref. 90-5-1-1-09043. The proposed 
Consent Decree may be examined at the Office of the United States 
Attorney, Northern District of West Virginia, Elkins Branch, Federal 
Building, 300 Third Street, Suite 300, Elkins, WV and at the U.S. 
Environmental Protection Agency, Region 3, 1650 Arch Street, 
Philadelphia, PA 19103.
    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

[[Page 50758]]

20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), 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 $17.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-20755 Filed 8-15-11; 8:45 am]
BILLING CODE 4410-15-P
```