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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.






[Federal Register: February 6, 1997 (Volume 62, Number 25)]
[Notices]               
[Page 5654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is 
hereby given of a consent decree lodged on November 13, 1996, United 
States v. Maine Department of Transportation, Bridgecorp, Robert 
Wardwell & Sons, Inc., and T.Y. Lin International, Civ. Act. No. 96-
0249-B (D. Maine). The proposed decree concerns alleged violations of 
Sections 301 and 404 of the Clean Water Act, 33 U.S.C. Sec. 1311 and 
1344, as the result of defendants' unlawful discharge of dredged or 
fill material onto jurisdictional wetlands at the site of a proposed 
cargo terminal (the ``Terminal Site'') and in the course of 
construction of an access road to the Terminal Site (the ``Access 
Road'') on Sears Island, Waldo County, Maine. The Sierra Club and the 
Conservation Law Foundation have intervened in the case and are 
signatories to the consent decree.
    The terms of the consent decree include the following: (a) The 
defendants are permanently enjoined from discharging fill materials in 
waters of the United States at the Terminal Site and the Access Road, 
except in compliance with applicable permits; (b) the defendants are 
required to pay a $10,000 civil penalty; (c) defendant Maine Department 
of Transportation (``Maine DOT'') will restore approximately 3.2 acres 
of filled wetlands and create a number of vernal pools at the Terminal 
Site; (d) Maine DOT will create or enhance approximately 17 acres of 
riparian wetlands and associated uplands at Dyer Creek in Newcastle, 
Lincoln County, Maine, (e) Maine DOT will restore and enhance 
approximately three-quarters of an acre of degraded former wetland on 
the south-central portion of Sears Island; and (f) Maine DOT will fund 
a supplemental environmental project, providing at least $100,000 for 
the acquisition of one or more properties located in the Ducktrap River 
watershed in Maine through the Land for Maine's Future Board.
    The Department of Justice will receive written comment on this 
consent decree for a period of thirty (30) days from the date of 
publication of this notice in the Federal Register. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, U.S. Department of Justice, Attention: Daniel W. 
Pinkston, Environmental Defense Section. P.O. Box 23986, Washington, 
D.C. 20026-3986, and should refer to United States v. Maine Dept. of 
Transportation, et al., DJ Reference No. 90-5-1-1-4184.
    The proposed consent decree may be examined at the Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In 
requesting a copy of the consent decree with attachments, please 
enclose a check in the amount of $14.25. In addition to the Consent 
Decree Library, the consent may be viewed at the EPA New England 
Library, located on the Eleventh Floor, One Congress Street, Boston, 
Massachusetts, and the Office of the Clerk of the United States 
District Court for the District of Maine, Room 357, 202 Harlow Street, 
Bangor, Maine.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources 
Division, United States Department of Justice.
[FR Doc. 97-2896 Filed 2-5-97; 8:45 am]
BILLING CODE 4410-15-M

 
 

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