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 Trustees for Alaska versus

Hickel, Civ. No. A92-245 CIV (JKS) (D. Alaska), was lodged with the

United States District Court for the District of Alaska on December 19,

1995. The proposed decree concerns violations of sections 301 and 404

of the Clean Water Act, 33 U.S.C. 1311 and 1344, involving the

discharge of dredged or fill materials into the Copper River, its

tributaries and adjacent ponds and wetlands by the Alaska Department of

Transportation and Public Facilities (``DOT/PF'') during 1991 road

construction along the Copper River between Chitina and Cordova,

Alaska.

The Consent Decree includes the following terms: (1) Restoration of

areas that suffered environmental harm; (2) development of a program to

educate DOT/PF personnel about the requirements of the Clean Water Act;

(3) establishment of an Environmental Compliance Coordinator or

Consultant to coordinate Clean Water Act permitting issues; (4) a

commitment to broadcast televised public service announcements about

the importance of complying with the Clean Water Act; (5) an admission

that DOT/PF violated the Clean Water Act; (6) an injunction from

further violations of the Clean Water Act; and (7) a civil penalty

totalling $600,000, the majority of which will be assessed through

mutually agreed upon environmental projects designed to benefit the

Copper River watershed. The remainder of the civil penalty will be set

off against liability of the federal government in a separate case. The

settlement makes it clear that further road work along the Copper River

corridor may now proceed, but only in compliance with federal laws and

regulations, including the Clean Water Act.

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: Mark A. Nitczynski, Environmental Defense Section,

P.O. Box 23986, Washington, D.C. 20026-3986, and should refer to

Trustees for Alaska versus Hickel, DJ Reference No. 90-5-1-4-336.

The Consent Decree may be examined at the Office of the United

States Attorney for the District of Alaska, 222 W. 7th Ave. No. 9,

Anchorage, Alaska

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99513; or, upon request to Mark A. Nitczynski, (202) 514-3785. In

requesting a copy, please enclose a check in the amount of

$____________ for a copy of the Consent Decree with attachments.

Anna Wolgast,

Acting Chief, Environmental Defense Section, Environment and Natural

Resources Division, United States Department of Justice.

[FR Doc. 96-599 Filed 1-18-96; 8:45 am]

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