# Notice of Lodging of Consent Decree Pursuant to the Clean Water Act > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-15947 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 24, 1996 - **Citation:** 61 FR 32463 ## Text 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] BILLING CODE 4410-01-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-15947. Public record. Not legal advice.