Notice of Lodging of a Modification of Consent Decree Pursuant to Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of a Modification of Consent Decree Pursuant to

Clean Water Act

In accordance with Departmental policy, 28 C.F.R. 50.7, notice is

hereby given that a Consent Decree in United States v. Sweat, et al.,

Docket No. 2:94-1673 (D.S.C.), was lodged with the United States

District Court for the District of South Carolina on February 7, 1996.

The United States brought this action against the Estate of Richard

Sweat, Sr. and Sweat's Dirt Hauling, Inc. The complaint alleges that

Richard Sweat, Sr. and Sweat's Dirt Hauling, Inc. engaged in the

unpermitted filling, clearing, and excavation of between 30 and 50

acres of wetlands along the Ashley River near Summerville, South

Carolina, in violation of sections 301 and 404 of the Clean Water Act,

33 U.S.C. 1311, 1344. The United States intends to enter into a Consent

Decree to resolve the liability for those violations. The Consent

Decree (1) prohibits further section 404 violations by the defendants,

and (2) provides for a restrictive covenant precluding development of

certain wetland areas formerly owned by Richard Sweat, Sr. In return,

the United States agrees that the provisions of the Consent Decree

constitute a full settlement of the violations alleged in the

complaint.

The Department of Justice will receive, until thirty (30) days from

the date of this notice, written comments relating to the proposed

Consent Decree. Comments should be addressed to the United States

Department of Justice, Assistant Attorney General, Environment and

Natural Resources Division, 10th Street and Pennsylvania Avenue, NW,

Washington, DC 20530, to the attention of Ronald M. Spritzer, Senior

Attorney, Environmental Defense Section, and should refer to United

[[Page 7019]]

States v. Sweat, et al., Docket No. 2:94-1673 (D.S.C.), and DJ

Reference No. 90-5-1-1-4133.

The proposed Consent Decree may be examined at the Clerks's Office,

United States District Court for the District of South Carolina,

Hollings Judicial Center, 81 Broad Street, Charleston, South Carolina

29401, during regular business hours, or a copy may be requested from

Ronald M. Spritzer at (202) 514-3977.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division.

[FR Doc. 96-4090 Filed 2-22-96; 8:45 am]

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