[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24515-24516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9770]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    Notice is hereby given that on April 16, 2012 a proposed Consent 
Decree (``Decree'') in United States of America and the State of 
Tennessee v. the City of Memphis (``City''), Civil Action No. 2:10-CV-
02083-SHM-dkv was lodged with the United States District Court for the 
Western District of Tennessee. This Decree represents a settlement of 
claims against the City of Memphis under

[[Page 24516]]

Section 301, 309, and 402 of the Clean Water Act, 33 U.S.C. 1311, 1319, 
and 1342; and Tenn. Code Ann. Sec. Sec.  69-3-108(b)(6), 114 and 115; 
and Sections 101 through 138 of the Tennessee Water Quality Control Act 
(``TWQCA'').
    Under this settlement between the United States and the State and 
the City, the City will be required to develop and implement a number 
of sewer management, operation and maintenance programs, including: A 
sewer overflow response plan, a fats, oils, and grease management 
program, a lift station and force main operations and maintenance 
program, and an infrastructure rehabilitation program. The City will 
identify priority rehabilitation projects within the first year after 
entry of the proposed Consent Decree. The City will assess a minimum of 
10% of its system and rehabilitate approximately 6% of its system in 
the first year of the Consent Decree, including major interceptors at 
risk of failures similar to the one that occurred on the Wolf River in 
2008. The Consent Decree also provides for the payment of a civil 
penalty of $1.29 million. The penalty will be split evenly between the 
United States and the State. The City will pay $645,000 to the United 
States. Tennessee's payment will be in the form of state projects 
including an effluent study at the M.C. Stiles Wastewater Treatment 
Plant discharge point and a sewer GPS mapping project.
    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 of the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States of America and State of Tennessee v. City of Memphis, Civil 
Action No. 2:10-CV-02083-SHM-dkv, D.J. Ref. 90-5-1-1-09720.
    The proposed Decree may be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the 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 emailing a request to ``Consent Decree 
Copy'' (<a href="/cdn-cgi/l/email-protection#7c39392f3f383f130c055239322e383c090f181316521b130a"><span class="__cf_email__" data-cfemail="0742425444434468777e294249554347727463686d29606871">[email protected]</span></a>), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271.
    If requesting a copy from the Consent Decree Library by mail, 
please enclose a check in the amount of $19.50 (25 cents per page 
reproduction cost) for the Consent Decree alone or $81.50 for the 
Consent Decree and appendices payable to the U.S. Treasury or, if 
requesting by email or fax, forward a check in either of those amounts 
to the Consent Decree Library at the address given above.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-9770 Filed 4-23-12; 8:45 am]
BILLING CODE 4410-15-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>