2015-24261. Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

On September 18, 2015, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Massachusetts in the lawsuit entitled United States v. Town of Swampscott, Civil Action No. 1:15-cv-13388-DJC.

In the Complaint, the United States, on behalf of the U.S. Environmental Protection Agency (EPA), alleges that the defendant Town of Swampscott violated the Clean Water Act (“CWA”), 33 U.S.C. 1251, et seq., and applicable regulations relating to the City's failure to comply with its small municipal separate storm sewer system permit. The Consent Decree requires the Town to undertake various measures to study and correct the problems causing the permit violations in order to achieve compliance with the CWA and applicable regulations. The Consent Decree also requires the payment of a $65,000 civil penalty.

The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Town of Swampscott, D.J. Ref. No. 90-5-1-1-10994. 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:

To submit comments:	Send them to:
By e-mail	[e-mail].
By mail	Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http://www.justice.gov/​enrd/​consent-decrees. 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 $12.25 (25 cents per page reproduction cost), not including Appendices, payable to the United States Treasury.

Robert E. Maher, Jr.,

Assistant Section Chief, Environmental Enforcement Section, Environment & Natural Resources Division.