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

Notice is hereby given that a proposed Consent Decree in United

States v. Johnson Engineering, Inc. & Lee County School Board, Civil

No. 97-283-CIV-FTM-24D (M.D. Fla.), was lodged with the United States

District Court for the Middle District of Florida on July 23, 1997. The

proposed Consent Decree concerns alleged violations of sections 301(a)

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

resulting from the unauthorized discharge of fill material into

wetlands located within

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the approximately 19-acre Colonial Elementary School Site in the City

of Fort Myers, Lee County, Florida. The defendant, Lee County School

Board is alleged to have owned or controlled the Site and to have

discharged unauthorized fill material or to have controlled, directed,

or participated in unauthorized filling activities at the Site. The Lee

County School Board has agreed to a proposed Consent Decree to settle

its alleged violations of the Clean Water Act.

The proposed Consent Decree would require the Lee County School

Board to pay a $7,500 civil penalty and to create approximately 2.1

acres of wetlands on-site in mitigation for those wetlands destroyed.

The Decree would also permanently enjoin the Lee County School Board

from committing future Clean Water Act violations at the Site.

The U.S. Department of Justice will receive written comments

relating to the proposed Consent Decree for a period of thirty (30)

days from the date of publication of this notice. Comments should be

addressed to S. Randall Humm, Trial Attorney, U.S. Department of

Justice, Environmental Defense Section, P.O. Box 23986, Washington,

D.C. 20026-3986 and should refer to United States v. Johnson

Engineering, Inc. & Lee County School Board, Civil No. 97-283-CIV-FTM-

24D (M.D. Fla.), DJ# 90-5-1-6-626.

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

United States District Court for the Middle District of Florida, 2301

First Street, Room 106, Fort Myers, Florida 33901.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 97-20408 Filed 8-1-97; 8:45 am]

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