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 CFR Sec. 50.7, notice is

hereby given that a consent decree that would resolve the liability of

one of four defendants in United States of America v. Jane A. Young, et

al., Civil Action No. 95-4202-JPG (S.D. Ill.), was lodged with the

United States District Court for the Southern District of Illinois on

October 28, 1997.

The proposed consent decree concerns alleged violations of the

Clean Water Act, 33 U.S.C. 1311, as a result of the discharge of

dredged and fill materials onto approximately 100 acres of wetlands, in

Hamilton County, Illinois (``Site''), which is alleged to constitute

``waters of the United States.'' The consent decree permanently enjoins

Jane A. Young from taking any actions, or causing others to take any

actions, which result in the discharge of dredged or fill material into

waters of the United States. The consent decree further requires Jane

A. Young to pay (a) A $5,000.00 civil penalty and (b) $28,000 into an

interest-bearing Registry Account of the United States District Court

for the Southern District of Illinois, to be used to conduct a wetland

restoration at the Site if the United States obtains access to the Site

through litigation or other means. In addition, the consent decree

provides that if the United States is not able to obtain access to the

Site to conduct a wetland restoration, all funds in the Registry

Account (except for 10% of the interest that is to be paid to the

Court) will be deposited by the Clerk of the Court into the United

States Treasury.

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, United States

Department of Justice, Attention: Steven E. Rusak, Trial Attorney,

Environmental Defense Section, P.O. Box 23986, Washington, DC 20026-

3986, and should refer to United States of America v. Jane A. Young, et

al., DJ Reference No. 90-5-1-6-580.

The proposed consent decree may be examined at the Clerk's Office,

United States District Court, United States Courthouse, 301 West Main

Street, Benton, Illinois 62812.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 97-31282 Filed 11-26-97; 8:45 am]

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