[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Page 27350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12521]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Second Amended Consent Decree Under 
the Clean Water Act

    On June 5, 2018, the Department of Justice lodged a proposed Second 
Amended Consent Decree with the United States District Court for the 
Northern District of Ohio in the lawsuit entitled United States v. City 
of Akron, Ohio, et al., Civil Action No. 09-cv-00272.
    In this action the United States, and the State of Ohio in a cross-
claim, sought 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 Akron's (``Akron's'' or ``City's'') operation of its municipal 
wastewater treatment facility and sewer system. Under the Consent 
Decree, which was approved by the Court in January 2014, Akron was 
required to develop and implement a comprehensive plan to address 
overflows from its combined sewer system and bypasses around secondary 
treatment at the wastewater treatment facility. That plan, known as the 
``Long Term Control Plan Update'' (``LTCP Update''), which was approved 
by the United States in November 2011 and the State of Ohio in April 
2012, sets forth specific projects that the City is required to 
implement, and identifies dates for completion of these projects.
    The proposed amendment modifies provisions of the 2014 Consent 
Decree that are set forth in the City's LTCP Update. Specifically, the 
proposed amendment would permit the City to install a different 
biologically enhanced high rate treatment technology to address 
remaining secondary bypasses at its wastewater treatment plant; the 
2014 Consent Decree requires the City to use a BioActiflo system, 
whereas the proposed amendment would allow it to use a BioCEPT system 
instead. The proposed amendment also addresses requirements for four 
storage basins in the City's sewer collection system. The City would 
increase the size of one of the storage basins, and would not be 
required to build the remaining basins. Instead, it would expand 
existing ``underflow'' pipes at those combined sewer overflow (``CSO'') 
locations, which would allow it to optimize flow, increasing the amount 
of wastewater that it sends to the wastewater treatment plant. In 
addition, at three of the CSO locations, the City would install a 
variety of green infrastructure projects that are collectively capable 
of addressing specified volumes of stormwater.
    The publication of this notice opens a period for public comment on 
the Second Amended Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. City of Akron, Ohio, et al., D.J. 
Ref. No. 90-5-1-1-3144/2. 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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#c3b3b6a1a0acaeaea6adb7eea6a6b0eda6adb1a783b6b0a7aca9eda4acb5"><span class="__cf_email__" data-cfemail="f686839495999b9b939882db939385d893988492b6838592999cd8919980">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Second Amendment to the 
Consent Decree 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 proposed amendment to the Consent 
Decree 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 $7.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2018-12521 Filed 6-11-18; 8:45 am]
 BILLING CODE 4410-15-P


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