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 in United States of America v.

Willowridge Estates, L.L.C., and Rathborne Land Company, Inc., Civil

Action No. 99-3489 (E.D. La.), was lodged with the United States

District Court for the Eastern District of Louisiana on November 17,

1999.

This is a civil action commenced under Sections 309(b) and (d) and

404(s) of the Clean Water Act (``CWA''), 33 U.S.C. 1319(b) and(d),

1344(s), to obtain injunctive relief and civil penalties against

Willowridge Estates, L.L.C., and Rathborne Land Co., Inc.,

(``Defendants''), for the discharge of pollutants into waters of the

United States in Saint Charles Parish, Louisiana, without authorization

by the United States Department of the Army, and for noncompliance with

conditions and limitations of a permit issued under CWA section 404(a),

33 U.S.C. 1344(a), all in violation of CWA section 301(a), 33 U.S.C.

1311(a).

The proposed Consent Decree would resolve these violations and,

among other provisions, would require Defendants (1) to pay civil

penalties totaling $620,000, (2) to preserve about 370 acres of

neighboring wetlands owned by Defendants, (3) apply to the U.S. Army

Corps of Engineers for an after-the-fact permit for the unauthorized

discharges and (4) to comply with all terms and conditions of any

permit that is issued. The proposed Consent Decree further provides

that if the Corps denies the after-the-fact permit, the United States

reserves, and the Consent Decree does not affect, the right to issue an

administrative order or orders to remove all or part of the fill placed

at the Sites, and/or to require mitigation with respect to the

unauthorized fill at the Sites.

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: Scott J. Jordan, Environmental

Defense Section, P.O. Box 23986, Washington, D.C. 20026-3986, and must

refer to United States of America v. Willowridge Estates, L.L.C., and

Rathborne Land Company, Inc., DJ Reference No. 90-5-1-4-05482.

The proposed consent decree is on file at the Clerk's Office,

United States District Court, Eastern District of Louisiana, 500 Camp

Street, New Orleans, Louisiana 70130, and may be examined there to the

extent allowed by the rules of the Clerk's Office. In addition, written

requests for a copy of the consent decree may be mailed to Scott J.

Jordan, Environmental Defense Section, U.S. Department of Justice, P.O.

Box 23986, Washington, D.C. 20026-3986, and should refer to United

States v. Willowridge Estates, L.L.C., and Rathborne Land Company,

Inc., DJ Reference No. 90-5-1-4-05482. All written requests for a copy

of the Consent Decree must include the full mailing address to which

the Consent Decree should be sent.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environmental and Natural

Resources Division, Department of Justice.

[FR Doc. 99-31789 Filed 12-7-99; 8:45 am]

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