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 of America v.

Commonwealth of Massachusetts, Executive Office for Administration and

Finance, Division of Capital Planning and Operations; and Dimeo

Construction Company, Civ. Act. No. 93-10280 WD (D. Mass.), was lodged

with the United States District Court for the District of Massachusetts

on January 13, 1995. The proposed decree concerns alleged violations of

the Clean Water Act, 33 U.S.C. 1311, as a result of the discharge of

fill materials onto approximately 11.6 acres of wetlands by the

Commonwealth of Massachusetts (``Commonwealth'') and its general

contractor, Dimeo Construction Company (``Dimeo''),

[[Page 6733]] during the construction of the Bristol County House of

Corrections on Faunce Corner Road in Dartmouth, Massachusetts, without

a permit issued pursuant to 33 U.S.C. 1344.

The Consent Decree requires that the Commonwealth pay a civil

penalty of $50,000; perform a $1.5 million off-site compensatory

mitigation project; pay $378,000 in the event the Commonwealth sells

the undeveloped area around the House of Corrections; and provide a

$150,000 endowment to the Massachusetts Audubon Society (``MAS'') for

the management of 264 acres of wetlands that will be conveyed to MAS

pursuant to a settlement agreement in another Clean Water Act

enforcement matter. Dimeo is required to offer a comprehensive wetlands

training course to Dimeo's employees and to members of the Associated

General Contractors of Massachusetts.

The Department of Justice will receive written comments relating to

the consent decree for a period of thirty (30) days from the date of

this notice. Comments should be addressed to the Assistant Attorney

General, Environment and Natural Resources Division, U.S. Department of

Justice, Attention: Daniel W. Pinkston, 10th St. and Pennsylvania Ave.,

NW., Room 7303--Main Building, Washington, DC 20530, and should refer

to United States v. Commonwealth of Massachusetts and Dimeo

Construction Co., DJ Reference No. 90-5-1-1-3710.

The proposed consent decree may be examined at the Office of the

United States Attorney for the District of Massachusetts, 1107 John W.

McCormack Federal Bldg., U.S. P.O. & Courthouse, Boston, MA 02109, the

Region I Office of the United States Environmental Protection Agency,

Office of Regional Counsel, 1 Congress Street, 10th Floor, Boston, MA

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

Washington, DC 20005 (202-624-0892). A copy of the proposed consent

decree may be obtained in person or by mail from the Consent Decree

Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy, please enclose a check in the amount of $9.75 for a

copy of the consent decree only, or $36.25, for both the consent decree

and exhibits, payable to the Consent Decree Library.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division.

[FR Doc. 95-2643 Filed 2-2-95; 8:45 am]

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