Notice of Lodging of Consent Decrees Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the Clean Water

Act

In accordance with Departmental Policy, 28 CFR 50.7, notice is

hereby given that two consent decrees that would resolve the liability

of (1) Morris Brothers Farms and (2) Joseph M. Morris, two of four

defendants in United States of America v. Jane A. Young, et al., Civil

Action No. 95-4202-JPG (S.D. Ill.), were lodged with the United States

District Court for the Southern District of Illinois on March 30, 1998.

Both of the proposed consent decrees concern 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 between the United States and Morris Brothers

Farms permanently enjoins Morris Brothers Farms from taking any

actions, or causing others to take any actions, which result in the

discharge of dredged

[[Page 17892]]

or fill material into waters of the United States. The consent decree

with Morris Brothers Farms further requires Morris Brothers Farms to

pay (a) a $20,000 civil penalty and (b) $47,000 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 with

Morris Brothers Farms 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 consent decree between the United States and Joseph M. Morris

permanently enjoins Joseph M. Morris 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 with Joseph M. Morris further requires Joseph M. Morris, subject

to the right of prior approval by the United States Army Corps of

Engineers, to convey to an appropriate entity for conservation 68.7

acres of land that are immediately adjacent to the violation Site. The

purpose of the conveyance is to provide a conservation area in which no

development, excavation, or other disturbance will occur. To achieve

that end, the conveyance shall contain several restrictions that are

set forth in an exhibit to the consent decree with Joseph M. Morris.

The Department of Justice will receive written comments relating to

the consent decrees 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 v. Jane A. Young, et al., DJ

Reference No. 90-5-1-6-580.

The proposed consent decrees 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, Department of Justice.

[FR Doc. 98-9448 Filed 4-9-98; 8:45 am]

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