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 C.F.R. Sec. 50.7, notice

is hereby given of four consent decrees lodged on May 23, 1996. A

separate consent decree was lodged in each of the following related

cases: (a) United States of America v. Iroquois Pipeline Operating

Company, Civ. Act. No. 96-CV-836 FJS (N.D.N.Y.); (b) United States of

America v. Iroquois Pipeline Operating Company, Civ. Act. No. CV 96

2613 (E.D.N.Y.); (c) United States of America v. Iroquois Pipeline

Operating Company, Civ. Act. No. CV 3906 (CLB) (S.D.N.Y.); and (d)

United States of America v. Iroquois Pipeline Operating Company, Civ.

Act. No. CV 396CV00926 (RNC). The proposed decrees concern alleged

violations of Sections 301 and 404 of the Clean Water Act, 33 U.S.C.

Secs. 1311 and 1344, as the result of the defendant's violation of U.S.

Army Corps of Engineers (``Corps'') Permit No. 16013, issued on

February 12, 1991, in connection with construction of the Iroquois

natural gas pipeline (``Pipeline'').

Pursuant to each of the consent decrees, Iroquois Pipeline

Operating Company and Iroquois Gas Transmission System, LP (an entity

related to defendant Iroquois Pipeline Operating Company which is not a

defendant in the complaints associated with the consent decrees, but

which is a signatory to the consent decrees) (collectively,

``Iroquois''), are (a) Permanently enjoined from violating Sections

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

(b) required to comply with a Constant Order issued by the United

States Department of Transportation, which mandates the performance of

an ``Integrity Monitoring and Maintenance Plan'' relating to the

Pipeline by defendant; (c) required to implement a Backfill Stability

Monitoring and Maintenance Plan relating to the Pipeline; (d) required

to pay a civil penalty of $2.25 million pursuant to 33 U.S.C.

Secs. 1319(d) and 1344(s); and (e) required to pay $2.25 million to the

National Fish and Wildlife Foundation as a supplemental environmental

project for the creation, restoration, enhancement and acquisition of

wetlands and adjoining uplands in the vicinity of the Pipeline right-

of-way. Iroquois will be making one $2.25 million civil penalty payment

and one $2.25 million payment for the supplemental environmental

project in fulfillment of its obligations under all four consent

decrees. Pursuant to the consent decree lodged in the United States

District Court for the Northern District of New York, Iroquois will

also be required to remove unauthorized fill and restore wetlands under

the supervision of the Corps.

The Department of Justice will receive written comments on these

consent decrees 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, Environmental Defense Section, P.O. Box

23986, Washington, DC 20026-3986, and should refer to United States v.

Iroquois Pipeline Operating Company, DJ Reference No. 90-5-1-1-3883.

The proposed consent decrees may be examined at the Consent Decree

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

requesting a copy of the consent decrees with attachments, please

enclose a check in the amount of $22.50 for a copy of the Northern

District of New York consent decree; $23.00 for a copy of the Eastern

District consent decree; $22.75 for a copy of the Southern District

consent decree; and $22.50 for the District of Connecticut consent

decree. In addition to the Consent Decree Library, the consent decree

for a particular district may be examined at the following locations:

(a) Northern District of New York--Offices of the United States

Attorney for the Northern District of New York, James Foley Building,

Room 231, Albany, New York; (b) Eastern District of New York--Offices

of the United States Attorney for the Eastern District of New York, One

Pierrepont Plaza, 14th Floor, Brooklyn, New York; (c) Southern District

of New York--Offices of the United States Attorney for the Southern

District of New York, 100 Church Street, 19th Floor, New York, New

York; and (d) District of Connecticut--Office of the Clerk of the

United States District Court for the District of Connecticut, 450 Main

Street, Hartford, Connecticut.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 96-15947 Filed 6-21-96; 8:45 am]

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