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 C.F.R. 50.7, notice is

hereby given that a consent decree in United States v. Brickeys Stone,

L.L.C., Civil Action No. 498-CV-01939 (FRB) (E.D. Mo.), was lodged with

the United States District Court for the Eastern District of Missouri

on November 20, 1998.

The proposed consent decree would resolve the United States'

allegations in the above-referenced enforcement action that Defendant

violated Sections 301 and 404 of the Clean Water Act, 33 U.S.C. 1311

and 1344, by unlawfully placing a 6,800 square foot barge into the

Mississippi River and placing approximately 1,500 cubic yards of fill

material into and along the banks of that same river.

The proposed consent decree would require Defendant to pay a

$150,000 civil penalty and to either: (1) restore the site; or (2)

apply for a permit to allow the fill to remain in place and (a) if such

permit is granted, comply with the terms and conditions set forth

therein; or (b) if such permit is denied, comply with the restoration

requirements of the decree. The decree would also require Defendant to

host two public workshops on compliance with the Clean Water Act and

Rivers and Harbors Act.

The Department of Justice will accept written comments relating to

the proposed consent decree for thirty (30) days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General, Environment and Natural Resources Division,

U.S. Department of Justice, Attention: Wendy L. Blake, Environmental

Defense Section, P.O. Box 23986, Washington, D.C. 20226-3986, and

should refer to United States v. Brickeys Stone, L.L.C., DJ Reference

No. 90-5-1-1-05173.

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

Office of the United States District Court for the Eastern District of

Missouri, 1114 Market Street, Room 260, St. Louis, Missouri, or the

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005. Requests for a copy of the consent decree may be mailed to

the Consent Decree Library at

[[Page 66819]]

the above address and must include a check in the amount of $2.75.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 98-32214 Filed 12-2-98; 8:45 am]

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