[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Pages 2973-2974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00827]


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DEPARTMENT OF JUSTICE


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

    This Notice amends and replaces the original notice published on 
January 8, 2015, 80 FR 1049. On January 2, 2015, the Department of 
Justice lodged a proposed Consent Decree in United States and the State 
of Arkansas v. The City of Fort Smith, Arkansas, Civil Action No. 14-
cv-02266-PKH in the United States District Court for the Western 
District of Arkansas. Notice is hereby given that, for a period of 30 
days, the United States will receive public comments on the proposed 
Consent Decree.
    The United States and the State filed an amended complaint against 
Fort Smith on the same date. The amended complaint alleges that Fort 
Smith discharged untreated wastewater from Fort Smith's sanitary sewer 
collection system to waters of the United States and the State on 
numerous occasions, and that Fort Smith failed to comply with certain 
terms and conditions of its National Pollutant Discharge Elimination 
System permits, in violation of Sections 301 and 402 of the Clean Water 
Act, 33 U.S.C. 1311 and 1342.
    Under the settlement, Fort Smith will implement various injunctive 
measures to achieve full compliance with the Clean Water Act and 
eliminate sanitary system overflows over an anticipated 12 year period. 
The injunctive measures to be undertaken by Fort Smith include 
conducting a comprehensive inspection of its collection system for 
condition defects, increasing capacity of sewer lines, where needed, 
repairing, rehabilitating or replacing sewer lines with significant 
defects, upgrading

[[Page 2974]]

pump stations, and developing and implementing a ``capacity, 
management, operation and maintenance plan'' to further reduce the 
incidence of sanitary sewer overflows. Information provided by Fort 
Smith indicates that the work is expected to cost $255 million in 
current dollars, plus the cost of routine operation and maintenance. 
Fort Smith will also implement a Supplemental Environmental Project 
aimed at assisting qualified low income residential property owners to 
repair or replace defective private service lines which connection to 
its collection system, valued at $400,000. Fort Smith will also pay a 
civil penalty of to the United States of $300,000.
    The publication of this amended notice restarts a 30 day period for 
public comment on the proposed Consent Decree. Comments are now due 30 
days from the publication of this amended notice. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States and the State of 
Arkansas v. The City of Fort Smith, Arkansas, (Civil Action No. 14-cv-
02266), D.J. Ref. No. 90-5-1-1-08677. 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#48383d2a2b2725252d263c652d2d3b662d263a2c083d3b2c2722662f273e"><span class="__cf_email__" data-cfemail="2f5f5a4d4c4042424a415b024a4a5c014a415d4b6f5a5c4b404501484059">[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 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 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 $30.25 (25 cents per page reproduction cost) 
payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-00827 Filed 1-20-15; 8:45 am]
BILLING CODE 4410-15-P


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