Notice of Lodging Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging Consent Decree Pursuant to the Clean Water Act

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

hereby given that a Third Consent Decree Modifying First and Second

Consent Decrees in United States v. Hamm's Holiday Harbor, Inc. and

Richard E. Hamm, No. 89-1287 (C.D. Ill.), was lodged with the United

States District Court for the Central District of Illinois on March 15,

1999. This Consent Decree modifies two existing consent decrees entered

into by the Plaintiff United States and Defendants Hamm's Holiday

Harbor, Inc. and Richard E. Hamm pursuant to section 309 of the Clean

Water Act, 33 U.S.C. 1319, and section 12 of the Rivers and Harbors

Act, 33 U.S.C. 406, providing for injunctive relief and imposing civil

penalties upon the Defendants for discharge of dredged or fill material

in violation of section 301(a) of the Clean Water Act, 33 U.S.C.

1311(a), and sections 10 and 13 of the Rivers and Harbors Act, 33

U.S.C. 403, 407, at two sites along the Illinois River in Peoria County

and Marshall County, Illinois.

The Consent Decree prohibits additional illegal discharges by the

Defendants, and requires Defendants to, among other things: (1) Forfeit

in fee a 90-acre parcel in Marshall County, Illinois to the Illinois

Department of Natural Resources (``IDNR''); (2) pay money to be used

for environmental restoration on a portion of the Marshall County site;

(3) pay stipulated penalties to the United States for Defendants'

violations of the two previous consent decrees; and (4) complete all

outstanding environmental remedial tasks at the Peoria County site that

were required under the first of the previous consent decrees.

The Department of Justice will accept written comments relating to

this proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Please address comments to Assistant

Attorney General, Environment and Natural Resources Division, United

States Department of Justice, Attention: Seth M. Barsky, P.O. Box

23986, Washington, DC 20026-3986 and refer to United States v. Hamm's

Holiday Harbor, Inc. and Richard E. Hamm, DJ #90-5-1-1-4444.

The proposed Consent Decree may be examined at the Clerk's Office,

United States District Court for the Central District of Illinois, 305

Federal Building, 100 N.E. Monroe Street, Peoria, Illinois 61602.

Anna L. Wolgast,

Deputy Chief, Environmental Defense Section, Environment & Natural

Resources Division.

[FR Doc. 99-8141 Filed 4-1-99; 8:45 am]

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