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Republication of Notice of Lodging of First Amended Consent Decree Under the Clean Water Act

Note: EPA no longer updates this information, but it may be useful as a reference or resource.


 [Federal Register: January 16, 2002 (Volume 67, Number 11)]
[Notices]
[Page 2242-2243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja02-95]

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DEPARTMENT OF JUSTICE
 
Republication of Notice of Lodging of First Amended Consent 
Decree Under the Clean Water Act

    Under 28 CFR 50.7 notice is hereby given that on September 27, 
2001, a proposed First Amended Consent Decree (``Amended Consent 
Decree'') in United States of America and State of Indiana v. City of 
New Albany, Civil No. NA-90-46-C-B/G was lodged with the United States 
District Court for the Southern District of Indiana, New Albany 
Division.
    Notice of the lodging of the Amended Consent Decree was first 
published by the Department of Justice in the Federal Register of 
October 15, 2001 (66 FR 52451). The Department of Justice is 
republishing the Notice of Lodging because mail delivery problems 
associated with anthrax mailings to government offices have precluded 
the Department of Justice's receipt of public comments. To avoid 
additional delays related to such problems, the Department of Justice 
is requesting that any comments that were submitted under the original 
Notice of Lodging be resubmitted, this time to the U.S. Environmental 
Protection Agency, which will forward the comments to the Department of 
Justice.
    In this action, the United States sought enforcement of a Consent 
Decree entered into in 1993 for Clean Water Act violations at New 
Albany's wastewater treatment plant. The First Amended Consent Decree 
resolves claims of the United States concerning New Albany's wastewater 
treatment facility and sewer collection system for violations of the 
1993 Consent Decree and the Clean Water Act, 33 U.S.C. 1251, et seq., 
including, inter alia, bypasses and sanitary sewer overflow events. 
Pursuant to the Amended Consent Decree, New Albany will, among other 
requirements, develop and implement a capacity assurance plan to 
address the bypasses and sanitary sewer overflows at its wastewater 
treatment plant and in the sewer collection system. Also, under the 
Amended Consent Decree, New Albany will pay $180,000 in civil penalties 
for violations of the 1993 Consent Decree.
    The United States will receive for a period of thirty (30) days 
from the date of this publication comments relating to the Amended 
Consent Decree. Comments should be addressed to the U.S. Environmental 
Protection Agency, 14th Floor, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590 (Att.: Asst. Regional Counsel Deborah A. Carlson) 
and should refer to United States and

[[Page 2243]]

State of Indiana v. City of New Albany, Civil Cause No. NA-90-46-C-B/G, 
D.J. Ref. 90-5-1-1-3448/A.
    The Amended Consent Decree may be examined at the Office of the 
United States Attorney, 10 West Market Street, Suite 2100, 
Indianapolis, Indiana 46204-3048 (contact Assistant United States 
Attorney Thomas Kieper at (317) 226-6333), and at U.S. EPA Region 5, 
14th Floor, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 
(contact Asst. Regional Counsel Deborah A. Carlson at (312) 353-6121). 
A copy of the Amended 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. In requesting a copy, please enclose a check 
in the amount of $15.00 ($.25 cents per page reproduction cost) payable 
to the Consent Decree Library.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-1154 Filed 1-15-02; 8:45 am]
BILLING CODE 4410-15-M 

 
 


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