[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Notices]
[Pages 61508-61509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8745]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Notice is hereby given that on October 4, 2006, a proposed consent
decree in United States and State of Indiana v. City of Indianapolis,
Civ. No. 1:06-cv-1456, was lodged with the United States District Court
for the Southern District of Indiana.
In this action the United States sought civil penalties and
injunctive relief for alleged violations of Sections 301 and 402 of the
Clean Water Act, 33 U.S.C. 1319 and 1342, in connection with the City's
operation of its municipal wastewater and sewer system. The City
currently discharges approximately eight billion gallons of untreated
sewage per year from approximately 133 Combined Sewer Overflows,
Sanitary Sewer Overflows, and bypass locations into the White River and
its tributaries. The Complaint alleges that the City's discharges,
which occur approximately 60 times per year, violate the Clean Water
Act either because the discharges violate limitations and conditions in
the City's National Pollutant Discharge Elimination System (NPDES)
permits, or because the discharges are from point sources not
authorized by the City's NPDES permits. The Complaint also asserts
claims for violations of comparable State law on behalf of the State of
Indiana.
Under the proposed Consent Decree, the City would be required to:
(1) Implement a Long Term Control Plan which would greatly reduce
Combined Sewer Overflows; (2) implement a plan designed to eliminate
Sanitary Sewer Discharges; (3) perform a Supplemental
[[Page 61509]]
Environmental Project which must cost a minimum of $2 million; (4) pay
to the United States a civil penalty of $588,900; (5) either pay the
State a civil penalty of $588,900, or pay the State a civil penalty of
$58,890 and undertake a State Supplemental Environmental Project which
must cost a minimum of $1,060,020; and (6) perform various other
remedial measures. The injunctive relief that would be secured by the
proposed Consent Decree is expected to cost approximately $1.868
billion in 2005 dollars. The Long Term Control Plan includes a
construction schedule of twenty years (from the anticipated date of
approval of the Long Term Control Plan).
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States and State of Indiana v. City of Indianapolis,
D.J. Ref. 90-5-1-1-07292.
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the Southern District of Indiana, U.S.
Courthouse--5th Floor, 46 East Ohio Street, Indianapolis, IN 46204
(contact Asst. U.S. Attorney Thomas Kieper (317-226-6333)), and at U.S.
EPA Region 5, 7th Floor Records Center, 77 West Jackson Blvd., Chicago,
Illinois 60604 (contact Assoc. Regional Counsel Gary Prichard (312-886-
0570)). During the public comment period, the proposed consent decree,
including the Long Term Control Plan, may also be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed 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 ([email protected]), 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 $21.50 (25 cents per page reproduction cost) for the Consent
Decree without appendices, or for $467.75 for the Consent Decree and
all appendices, 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.
William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-8745 Filed 10-17-06; 8:45 am]
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