[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8687-8688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03298]


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DEPARTMENT OF JUSTICE


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

    On February 10, 2015, the Department of Justice lodged a proposed 
Partial Consent Decree with the United States District Court for the 
Middle District of Pennsylvania in the lawsuit entitled United States 
and Commonwealth of Pennsylvania Department of Environmental Protection 
v. Capital Region Water and the City of Harrisburg, PA, Civil Action 
No. 1:15-cv-00291-WWC.
    The United States and Commonwealth of Pennsylvania Department of 
Environmental Protection filed this lawsuit under the Clean Water Act 
and Pennsylvania Clean Streams Law against Capital Region Water and the 
City of Harrisburg, PA, alleging violations of Section 301 of the Clean 
Water Act, 33 U.S.C. 1311, and Sections 3, 201, 202 and 401 of the 
Pennsylvania Clean Streams Law, 35 Pa. Stat. Ann. sections 691.3, 
691.201, 691.202 and 691.401, for unpermitted discharges of sewage from 
the sewer system in Harrisburg, including dry weather combined sewer 
overflows, failure to develop a Long Term Control Plan

[[Page 8688]]

(``LTCP'') meeting the requirements of EPA's 1994 Combined Sewer 
Overflow Control Policy, and failure to comply with other requirements 
of the sewer and storm water National Pollution Discharge Elimination 
System (``NPDES'') permits.
    Under the partial settlement, Capital Region Water will implement 
various injunctive measures, including: Developing and implementing a 
Nine Minimum Controls Plan to bring its combined sewer system into good 
operation and maintenance and control combined sewer overflows; 
submitting an application for an individual NPDES MS4 permit for its 
storm water system with a plan for implementing the storm water Minimum 
Control Measures; conducting capacity assessment in the separate sewer 
system; completing biological nutrient removal upgrades to the Advanced 
Wastewater Treatment Facility by February 2016; completing several 
early action projects in the sewer system; and developing an LTCP by 
April 2018. The Partial Consent Decree resolves all claims against the 
City of Harrisburg. The Partial Consent Decree does not resolve the 
United States' and Commonwealth of Pennsylvania Department of 
Environmental Protection's claims regarding CRW's failure to implement 
an LTCP, and claims for civil penalties against CRW, which are reserved 
for future settlement among the parties.
    The publication of this notice opens a period for public comment on 
the proposed Partial Consent Decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States and Commonwealth of 
Pennsylvania Department of Environmental Protection v. Capital Region 
Water and City of Harrisburg, PA, D.J. Ref. No. 90-5-1-1-10157. 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#b0c0c5d2d3dfddddd5dec49dd5d5c39ed5dec2d4f0c5c3d4dfda9ed7dfc6"><span class="__cf_email__" data-cfemail="4636332425292b2b2328326b232335682328342206333522292c68212930">[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 proposed Partial Consent 
Decree may be examined and downloaded at this Justice Department Web 
site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a 
paper copy of the proposed Partial 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 $22.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-03298 Filed 2-17-15; 8:45 am]
BILLING CODE 4410-15-P


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