[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Page 65884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26313]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Modification Under the Clean 
Water Act

    In accordance with Department of Justice Policy, 28 U.S.C. 50.7, 
notice is hereby given that, on October 12, 2008, a proposed 
Modification of Consent Decree in United States, et al. v. City of 
Nashua, New Hampshire, Civil Action No. 1:05-cv-00376-PB, was lodged 
with the United States District Court for the District of New 
Hampshire.
    In this action the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), filed a Complaint against 
the City of Nashua alleging violations of the Clean Water Act 
concerning the City's current or former combined sewer outfall 
(``CSO'') facilities. Under the terms of the Consent Decree, the City 
undertook the implementation of a CSO abatement plan with a completion 
date of August 2012. The mitigation measures are extensive, requiring 
completion of the separation of combined sanitary and storm water 
systems over a large section of the City; the design and construction 
of wet-weather bypass systems; the design and construction of new 
outfalls with screening and detention ponds in multiple locations; the 
design and construction of disinfection facilities; and substantial 
system-wide infrastructure improvements.
    The proposed Consent Decree Modification requires the City to abide 
by the implementation compliance measures specified in the 2005 Consent 
Decree with the exception that the deadlines for the evaluation, 
design, and construction of compliance measures for CSOs 005/006 are 
extended to allow the study, design, and completion of construction of 
alternative compliance measures for CSOs 005/006 by August 1, 2015, 
instead of February 2011. These modifications are required due to 
higher levels of storm water flow discovered by field testing and 
resulting substantial increased costs under the current design of the 
005/006 facilities.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Modification of Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to [email protected] or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States, et al. v. City of Nashua, New Hampshire, 
D.J. Ref. 90-5-1-1-08193.
    The Consent Decree Modification may be examined at the Office of 
the United States Attorney, District of New Hampshire, 53 Pleasant 
Street, Fourth Floor, Concord, New Hampshire 03301, and the U.S. 
Environmental Protection Agency, Region I (New England Region), One 
Congress Street, Boston, Massachusetts 02114. During the public comment 
period, the Consent Decree Modification may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Decree Modification 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 $2.25 (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.

Ronald Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Div.
[FR Doc. E8-26313 Filed 11-4-08; 8:45 am]
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