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 50.7, notice is

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

Rueth Development Company and Harold G. Rueth, the two defendants in

United States of America v. Rueth Development Company, et al., Civil

Action No. 2:96CV540-JM (N.D. Ind.), was lodged with the United States

District Court for the Northern District of Indiana on October 23,

1998.

The proposed consent decree concerns alleged violations of the

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

discharge of dredged and fill material into approximately three acres

of wetlands which are alleged to constitute ``waters of the United

States.'' The subject wetlands are part of the Castlewood subdivision,

a single-family residential development located in Dyer, Lake County,

Indiana. The consent decree permanently enjoins the two defendants 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 the two defendants (1) to

pay a $23,500.00 civil penalty and (2) to complete a full freshwater

wetland restoration on the violation site in order to replace the lost

functions and values of the filled wetlands.

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, D.C. 20026-

3986, and should refer to United States of America v. Rueth Development

Company, et al., DJ Reference No. 90-5-1-6-556.

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

United States District Court, 136 Federal Building, 507 State Street,

Hammond, Indiana 46320.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, Department of Justice.

[FR Doc. 98-29702 Filed 11-5-98; 8:45 am]

BILLING CODE 4410-15-M