Daily Rules, Proposed Rules, and Notices of the Federal Government
Notice is hereby given that on July 2, 2012, a proposed Consent Decree Modification ("Modification") in
The Modification modifies a Consent Decree between the parties which was entered by the federal district court on September 24, 2009 ("Decree"). The Decree resolved claims of the United States and State of New Hampshire against the City of Portsmouth, New Hampshire (the "City"), pursuant to Section 301(a) of the Clean Water Act ("CWA"), 33 U.S.C. 1301(a).
The Decree required the City, among other things, to control discharges from the combined sewer overflow ("CSO") outfalls, propose a schedule for construction of a secondary wastewater treatment facility for approval by the United States Environmental Protection Agency, and upon inclusion of the schedule in the Decree, comply with the construction schedule. The City encountered unexpected geological conditions that impaired the City's ability to meet the previously-designated CSO mitigation construction schedule. The Modification extends the completion deadline for the CSO projects by one year--until October 2014. Pursuant to the requirements in the Decree, the City proposed a detailed schedule for constructing secondary treatment facilities. The Modification requires the City to complete construction of secondary treatment facilities by March, 2017.
The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Modification. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, and either emailed to
During the public comment period, the Modification, may also be examined on the following Department of Justice Web site,