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

---
identifier: "/us/fr/2026-06329"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Lodging of Proposed Material Modification of Consent Decree Under the Clean Water Act"
title_number: 0
title_name: "Federal Register"
section_number: "2026-06329"
section_name: "Notice of Lodging of Proposed Material Modification of Consent Decree Under the Clean Water Act"
positive_law: false
currency: "2026-04-02"
last_updated: "2026-04-02"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Justice Department"
document_number: "2026-06329"
document_type: "notice"
fr_citation: "91 FR 16745"
fr_volume: 91
publication_date: "2026-04-02"
agencies:
  - "Justice Department"
---

#  Notice of Lodging of Proposed Material Modification of Consent Decree Under the Clean Water Act

On March 30, 2026, the Department of Justice lodged a proposed material modification to a Consent Decree (“Decree”) with the United States District Court for the District of South Carolina in the lawsuit entitled *United States and State of South Carolina* v. *the City of Columbia, South Carolina,* Civil Action No. 3:13-cv-2429-TLW.

The Consent Decree—entered by the court in 2014—resolved alleged violations of the Clean Water Act stemming from the City of Columbia's operation of its sanitary sewer system and wastewater treatment plant. The Decree required the City of Columbia to complete remedial projects to its sewer system and, following completion of those projects, to implement a capacity assurance program to eliminate sanitary sewer overflows from the system. The proposed material modification requires the City of Columbia to complete four additional projects to increase sewer capacity by January 1, 2029, and postpones the deadline for implementation of the capacity assurance program required under the Decree in the subbasins in which those projects will occur until after completion of the projects.

The publication of this notice opens a period for public comment on the proposed modification. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to *United States and State of South Carolina* v. *the City of Columbia, South Carolina,* D.J. Ref. No. 90-5-1-1-09954. 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:

|  |  |
| --- | --- |
| By email |  |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |

During the public comment period, the proposed modification, along with the previously entered Consent Decree, may be examined and downloaded at this Justice Department website: *https://www.justice.gov/enrd/consent-decrees.* If you require assistance accessing the proposed modification, you may request assistance by email or by mail to the addresses provided above for submitting comments.

Scott D. Bauer,

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