Lodging of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Water Act

In accordance with Departmental Policy, 28 CFR 50.7, notice is

hereby given that a consent decree in United States v. Hamm's Holiday

Harbor, Inc., Civil Action No. 87-1287 (C.D. Ill.), was lodged with the

United States District Court for the Central District of Illinois on

March 11, 1994.

The proposed consent decree constitutes a final settlement of all

claims against the defendant Hamm pertaining to environmental

restoration to be undertaken at a site in Marshall County, Illinois, in

connection with defendant's violations of Clean Water Act (``CWA'')

sections 301 and 404(a), 33 U.S.C. 1311 and 1344(a), and pertaining to

civil penalties pursuant to CWA section 309, 33 U.S.C. 1319, for

violations by defendants Hamm and Hamm's Holiday Harbor, Inc., at a

site in Peoria County, Illinois.

The proposed consent decree permanently enjoins defendants from

taking any action at the Marshall County Site which:

(i) Results in the discharge of dredged or fill material into the

Illinois River, or

(ii) Results in the obstruction or modification of the course or

condition of the Illinois River,

(iii) Results in the discharge of refuse into or upon the banks of

the Illinois River, its tributaries, or adjacent wetlands; except in

compliance with an individual permit issued pursuant to CWA section

404(a), 33 U.S.C. 1344(a), with any applicable general permit issued by

the United States Army Corps of Engineers, or as may be necessary to

effect remediation pursuant to the provisions of the Wetlands

Restoration and Mitigation Plan submitted as an Exhibit to this Consent

Decree. The civil penalty of $47,500 is intended to cover the

violations at both the Peoria County and Marshall County Sites.

The Department of Justice will accept written comments relating to

this proposed consent decree for thirty (30) days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General, Environment and Natural Resources Division,

U.S. Department of Justice, Attention: Robert E. Lefevre, Esquire, 10th

St. & Constitution Avenue, NW., room 7205--Main Building, Washington,

DC 20530, and should refer to United States v. Hamm's Holiday Harbor,

Inc., Civil Action No. 89-1287 (C.D. Ill.), DJ Reference No. 90-5-1-1-

3404.

The proposed consent decree may be examined at the Clerk's Office,

United States District Court, 100 Northeast Monroe, room 174, Peoria,

Illinois 61602.

Lois J. Schiffer,

Acting Assistant Attorney General, Environment & Natural Resources

Division.

[FR Doc. 94-8204 Filed 4-5-94; 8:45 am]

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