Notice of Lodging of Final (Consent) Judgment Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Final (Consent) Judgment Pursuant to the

Clean Water Act

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

hereby given that a proposed Final (Consent) Judgment in United States

v. Florida Rock Industries, Civil Action No. 94-102-CIV-DAVIS (S.D.

Fla.), was filed in the United States District Court for the Southern

District of Florida on March 21, 1994.

The proposed Final (Consent) Judgement concerns alleged violations

of sections 301 and 404 of the Clean Water Act, 33 U.S.C. Secs. 1311

and 1344, as a result of the unauthorized discharge of fill material

into wetlands. The wetlands involved are portions of a 1280 acre tract

of the East Everglades located south of Northwest 41st Street and west

of the Florida Turnpike in Dade County, Florida. Florida Rock

Industries violated the specific provisions of two permits issued by

the Corps of Engineers by failing to create 39.5 acres of shallow water

littoral zone at the site as upfront mitigation for permitted filling

activities.

The proposed Final (Consent) Judgment requires Florida Rock

Industries to fully comply with the terms of the original permits and

to create a total of 43.9 acres of shallow water littoral zone in

mitigation. This 43.9 acres is comprised of the 39.5 acres initially

required by the permits plus an additional 4.4 acres to mitigate the

impacts resulting from Florida Rock Industries' delay in complying with

the original mitigation requirements. Additionally, Florida Rock

Industries would be required to pay a $150,000 civil penalty to the

United States and would be enjoined from performing any future work in

navigable waters or wetlands without first obtaining any required

permits from the Corps or other appropriate agency.

The Department of Justice will receive written comments relating to

the proposed Final (Consent) Judgment for a period of 30 days from the

date of publication of this notice. Comments should be addressed to

William C. White, Assistant U.S. Attorney, Southern District of

Florida, 99 N.E. 4th Street, Miami, Florida 33132, and should refer to

United States v. Florida Rock Industries, Civil Action No. 94-102-CIV-

DAVIS.

The proposed Final (Consent) Judgment may be examined at the

Clerk's Office, United States District Court for the Southern District

of Florida, 301 N. Miami Avenue, Miami, Florida 33128, in Civil Action

No. 94-102-CIV-DAVIS.

Lois J. Schiffer,

Acting Assistant Attorney General, Environmental & Natural Resources

Division.

[FR Doc. 94-9518 Filed 4-19-94; 8:45 am]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

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

hereby given that on April 11, 1994, a Consent Decree in United States,

et al., v. LTV Steel Company, Inc., Civil Action No. 91-1067, was

lodged with the United States District Court for the Western District

of Pennsylvania.

The United States, on behalf of the U.S. Environmental Protection

Agency, filed a complaint against LTV Steel Company, Inc. (``LTV

Steel'') alleging violations by LTV at its Pittsburgh Coke Works of

sections 520 and 530 of Article XX (Air Pollution Control) of the

Allegheny County Health Department Rules and Regulations which have

been incorporated into the federally enforceable Pennsylvania SIP. In

the Consent Decree, LTV Steel has agreed to pay $900,000 in a civil

penalty. The Consent Decree also requires LTV to implement significant

upgrades to improve air pollution control performance at the facility.

The Department of Justice will receive comments relating to the

proposed Consent Decree for a period of thirty days from the date of

publication of this notice. Comments should be addressed to the Acting

Assistant Attorney General, Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States, et al., v. LTV Steel Company, Inc., Civil Action No. 91-1067,

Ref. No. 90-5-2-1-1566. The proposed Consent Decree may be examined at

the office of the United States Attorney, Western District of

Pennsylvania, 7th Avenue and Grant Street, Pittsburgh, Pennsylvania.

Copies of the Consent Decree may also be examined and obtained by mail

at the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005 (202-624-0892). When requesting a copy of the

settlement agreement by mail, please enclose a check in the amount of

$5.75 (twenty-five cents per page reproduction costs) payable to the

``Consent Decree Library.''

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-9530 Filed 4-19-94; 8:45 am]

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