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]
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