Notice of Lodging of Consent Decree Pursuant to the Clean Water Act and the Rivers and Harbors Act of 1899

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act and the Rivers and Harbors Act of 1899

In accordance with Department of Justice policy, 28 C.F.R.

Sec. 50.7, notice is hereby given that a consent decree in United

States of America v. Philip M. Punzelt, Jr., John Giunta and Jeff

Northrop, (D. Conn. No. 3:95CV000156 (DJS)), was lodged with the United

States District Court for the District of Connecticut on January 26,

1995.

The proposed Consent Decree concerns alleged violations of Sections

301 and 404 of the Clean Water Act, 33 U.S.C. 1311 and 1344(s), and

Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. 403, by

defendants Philip M. Punzelt, Jr., John Giunta and Jeff Northrop.

As described more fully in the Complaint, on December 15, 1982, the

Department of the Army, Corps of Engineers, issued a permit to Philip

M. Punzelt, Jr. to perform specified work, including construction of a

seawall, in the navigable waters of the Saugatuck River, Westport,

Connecticut. The permit expired on December 31, 1987. Defendant Punzelt

and his contractor, defendant John Guinta, continued to perform

construction of the seawall and placed fill material into the navigable

waters of the United States after expiration of the permit. In

addition, defendants Philip Punzelt and Jeff Northrop placed

unauthorized floats and docks in the navigable waters of the United

States.

This work, and the placement of the unauthorized structures,

constitute violations of Sections 301 and 404 of the Clean Water Act,

33 U.S.C. 1311 and 1344, as well as Section 10 of the Rivers and

Harbors Act of 1899, 33 U.S.C. 403.

The proposed Consent Decree calls for a civil penalty of $20,000.00

to be paid by defendant Philip M. Punzelt, Jr. under the Clean Water

Act, 33 U.S.C. 1311 and 1344, and requires Mr. Punzelt to submit to the

Corps of Engineers an application for an After-the-Fact permit to

retain the unauthorized fill material, floats and docks, and abide by

the outcome of the permit process. Under the Consent Decree, defendant

John Giunta must pay a civil penalty of $6,000.00 under the Clean Water

Act, 33 U.S.C. 1311 and 1344; and defendant Jeff Northrop must pay

$16,000.00 as disgorgement of economic benefit derived from activities

in violation of Section 10 of the Rivers and Harbors Act of 1899, 33

U.S.C. 403. Mr. Northrop is alleged to have placed and/or maintained

unauthorized floats and docks in the Saugatuck River, and received

income from rental of the unauthorized structures. Finally, the

proposed Consent Decree provides that the defendants will be enjoined

from future violations of the Clean Water Act and the Rivers and

Harbors Act of 1899.

The United States Attorney's Office will receive written comments

relating to the Consent Decree until June 12, 1995. Comments should be

addressed to Sharon E. Jaffe, Esq., Assistant United States Attorney,

District of Connecticut, P.O. Box 1824, New Haven, Connecticut 06508,

and should refer to United States of America v. Philip M. Punzelt, Jr.,

et al., (D. Conn. No. 3:95CV000156 (DJS)).

The Complaint and Consent Decree in this case may be examined at

the Clerk's office, United States District Court, 450 Main Street,

Hartford, Connecticut 06103.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division.

[FR Doc. 95-11572 Filed 5-10-95; 8:45 am]

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