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

DEPARTMENT OF JUSTICE

Notice of 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.

Ritschard Brothers, Inc. Carmelo Ritschard, and Donald Ritschard, No.

3:96-CV-310AS (N.D. Ind.), was lodged with the United States District

Court for the Northern District of Indiana on May 9, 1996.

The proposed consent decree concerns alleged violations of the

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

fill material onto portions of property located in St. Joseph County,

Indiana, which are alleged to constitute ``waters of the United

States.'' The consent decree requires Ritschard Brothers, Inc., Carmelo

Ritschard, and Donald Ritschard to (1) refrain from further discharges

at the wetland; (2) perform partial restoration at the wetland; (3)

monoitor the fill material for three years, to ensure that no hazardous

substances are leaching into the wetland; (4) place a conservation

easement on the portion of the wetland and surrounding uplands which

the Ritschard own; (5) pay a portion of the purchase price of a 120-

acre farmland parcel, and perform all necessary design and construction

necessary to create a mitigation wetland; and (6) pay a penalty of

$20,000 to the United States Treasury.

The Department of Justice will accept written comments relating to

the 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: Daniel R. Dertke, 10th &

Pennsylvania Avenue, N.W., Room 7215--Main Building, Washington, D.C.

20530 and should refer to United States v. Ritschard Brothers, Inc., DJ

Reference No. 90-5-1-6-555.

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

States District Court, Room 102, Robert A. Grant Federal Building and

U.S. Courthouse, 204 South Main Street, South Bend, Indiana, 46601.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, U.S. Department of Justice.

[FR Doc. 96-12324 Filed 5-15-95; 8:45 am]

BILLING CODE 4410-01-M