[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Page 5807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2262]



[[Page 5807]]

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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 27, 2010, a proposed 
Modified Consent Decree in United States v. Sewerage & Water Board of 
New Orleans et al., Civil Action No. 93-3213, was lodged with the 
United States District Court for the Eastern District of Louisiana.
    The proposed settlement modifies a 1998 Clean Water Act (``CWA'') 
Consent Decree between the U.S. Environmental Protection Agency, joined 
by several Plaintiff-Intervenor citizen groups, and the Sewerage & 
Water Board of New Orleans (``Board''), the City of New Orleans 
(``City''), and the State of Louisiana as statutory defendant. In that 
original Consent Decree, which resolved a 1993 lawsuit brought by the 
United States alleging CWA violations including unauthorized discharges 
from the East Bank Collection System, the Board agreed to a 12-year 
comprehensive program to remediate its antiquated sewage collection 
system in order to reduce or eliminate sewage overflows into the 
Mississippi River, Lake Pontchartrain and the City's storm drainage 
canal system. The program was stalled for several years due to the 
devastating effects of Hurricane Katrina.
    Under the proposed Modified Consent Decree, the Board agrees to 
continue the comprehensive remediation program and complete it by no 
later than July 2015. Among other things, the Board will repair its 62 
pump stations damaged by the hurricane as well as other hurricane 
damage in the portions of the collection system served by those pump 
stations. The Board will also design and implement a new preventive 
maintenance plan to inspect and clean its pump stations and sewer lines 
and will proceed under its sewage overflow action plan to take steps to 
minimize the impact of sewage overflows on the environment. The Board 
will undertake additional remedial measures including measures designed 
to provide dependable electrical services at its treatment plant in the 
event of a future catastrophic event.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Modified Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to <a href="/cdn-cgi/l/email-protection#4636332425292b2b2328326b232335682328342206333522292c68212930"><span class="__cf_email__" data-cfemail="cfbfbaadaca0a2a2aaa1bbe2aaaabce1aaa1bdab8fbabcaba0a5e1a8a0b9">[email protected]</span></a> or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States v. Sewerage & Water Board of New Orleans 
et al., D.J. Ref. 90-5-1-1-4032.
    The proposed Modified Consent Decree may be examined at the Office 
of the United States Attorney, Eastern District of Louisiana, 500 
Poydras Street, Suite B-210, New Orleans, LA 70130 (contact Sharon 
Smith, 504-680-3000), and at U.S. Environmental Protection Agency 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (contact Ellen Chang-
Vaughan, 214-665-7328). During the public comment period, the proposed 
Modified Consent Decree may also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Modified Consent 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 
e-mailing a request to Tonia Fleetwood (<a href="/cdn-cgi/l/email-protection#4b3f2425222a652d272e2e3f3c24242f0b3e382f2421652c243d"><span class="__cf_email__" data-cfemail="82f6edecebe3ace4eee7e7f6f5edede6c2f7f1e6ede8ace5edf4">[email protected]</span></a>), 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 $33.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-2262 Filed 2-3-10; 8:45 am]
BILLING CODE 4410-15-P


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