# Lodging of Consent Decree Pursuant to the Clean Water Act

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-8204

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** April 6, 1994

## Text

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-8204. Public record. Not legal advice.