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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Judgment Pursuant to the Clean Water

Act

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

hereby given that a consent judgment in United States v. J.S. Alberici

Construction Co., Inc., Civil Action No. 4:99CV00071 (CAS) (E.D. Mo.),

was lodged with the United States District Court for the Eastern

District of Missouri on January 19, 1999.

The proposed consent judgment 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 barge and approximately 13,000 cubic

yards of fill material into the Mississippi River in St. Louis,

Missouri, for the purpose of repairing a loading dock area.

The proposed consent judgment would require Defendant to pay a

$400,000 civil penalty and to either: (1) restore the site immediately;

or (2) apply for a permit to allow the fill to remain in place. If the

Corps grants the permit and Defendant accepts the terms and conditions

of the permit, such terms and conditions shall become requirements of

the consent judgment. If, however, the Corps denies the permit or

Defendant rejects the terms of the permit, Defendant shall comply with

the restoration requirements of the consent judgment. The consent

judgment would

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also require Defendant to continue an ongoing environmental educational

program for its employees and to prepare a 30-minute video on the

requirements of the Clean Water Act and Rivers and Harbors Act.

The Department of Justice will accept written comments relating to

the proposed consent judgment 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, DC 20026-3986, and should

refer to United States v. J.S. Alberici Construction Co., Inc., DJ

Reference No. 90-5-1-1-05215.

The proposed consent judgment 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, DC

20005. Requests for a copy of the consent judgment may be mailed to the

Consent Decree Library at the above address and must include a check in

the amount of $2.50.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 99-3915 Filed 2-17-99; 8:45 am]

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