[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Page 481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-29000]


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DEPARTMENT OF JUSTICE


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

    On December 29, 2023, the United States lodged a proposed modified 
consent decree with the United States District Court for the District 
of New Hampshire for public notice and comment, in a lawsuit entitled 
United States v. State of New Hampshire and New Hampshire Fish and Game 
Department, Civil Action No. 1:18-cv-00996-PB.
    The United States filed a complaint in this action under sections 
301(a), 309(b), and 504 of the Clean Water Act (``CWA''), 33 U.S.C. 
1311(a), 1319(b), 1364, against the State of New Hampshire and the New 
Hampshire Fish and Game Department (``NHF&G''), in connection with 
discharges of pollutants from the Powder Mill State Fish Hatchery, in 
New Durham, New Hampshire (the ``Hatchery''). The Hatchery is owned by 
the State and operated by NHF&G. The Complaint asserts two claims for 
injunctive relief. The first claim alleges that the State and NHF&G 
violated a National Pollutant Discharge Elimination System permit 
(Permit No. NH0000710; the ``Permit''), issued by EPA under section 402 
of the CWA, 33 U.S.C. 1342, by exceeding its narrative and numeric 
discharge limits for total phosphorus and pH, in violation of CWA 
section 309(b), 33 U.S.C. 1319(b). The second claim alleges that such 
discharges have caused or contributed to contamination, eutrophication, 
and the growth of toxic cyanobacteria in the Merrymeeting River and its 
impoundments, known as Marsh, Jones, and Downing Ponds, which poses an 
imminent and substantial endangerment to human health and welfare, in 
violation of CWA section 504, 33 U.S.C. 1364. The United States filed 
its complaint as Plaintiff-Intervenor in an action initiated by CLF 
against Defendants NHF&G, the Executive Director of NHF&G, and 
Commissioners of the New Hampshire Fish and Game Commission. CLF's 
complaint asserts claims similar to those of the United States, under 
the citizen-suit provision of the CWA, 33 U.S.C. 1365(a).
    The original consent decree resolved the claims in CLF's and the 
United States' complaints. The modified Decree retains most of the 
original decree's provisions, including the requirement that NHF&G 
achieve compliance with the CWA and its Permit by the end of 2025, but 
allows NHF&G to do so through means other than those required by the 
original decree, based on a study showing that such other means could 
be more technically feasible and cost effective. All parties to the 
original decree have signed the modified Decree.
    Publication of this notice opens a period for public comment on the 
proposed modified Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. State of New Hampshire and New 
Hampshire Fish and Game Department, D.J. Ref. No. 90-5-1-1-12466. All 
comments must be submitted no later than 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#d1a1a4b3b2bebcbcb4bfa5fcb4b4a2ffb4bfa3b591a4a2b5bebbffb6bea7"><span class="__cf_email__" data-cfemail="d8a8adbabbb7b5b5bdb6acf5bdbdabf6bdb6aabc98adabbcb7b2f6bfb7ae">[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 Decree may be examined and 
downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. Paper copies of the consent decree are available 
upon written request and payment of reproduction costs. Such requests 
and payments should be addressed to: Consent Decree Library, U.S. DOJ--
ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    With each such request, please enclose a check or money order for 
$12.50 (25 cents per page reproduction cost) per paper copy, payable to 
the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-29000 Filed 1-3-24; 8:45 am]
BILLING CODE P


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