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Notice of Lodging Proposed Consent Decrees

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

 
[Federal Register: June 25, 2003 (Volume 68, Number 122)]
[Notices]
[Page 37864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn03-82]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging Proposed Consent Decrees

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that two proposed consent decrees in United States v. 
David P. Burkel, Sr., Douglas Ackling and Duane Moench, Civ. Act. No. 
A3-00-165, were lodged with the United States District Court for the 
District of North Dakota on June 18, 2003. These proposed Consent 
Decrees concern a complaint filed by the United States of America 
against Defendants David P. Burkel, Sr., Douglas Ackling and Duane 
Moench, pursuant to sections 301(a) and 404 of the Clean Water Act, 33 
U.S.C. 1311(a) and 1344, to obtain injunctive relief and impose civil 
penalties against the Defendants for discharging dredged or fill 
material into waters of the United States without a permit. In 
addition, the complaint seeks injunctive relief and civil penalties 
against Defendant David P. Burkel, Sr., pursuant to section 308 of the 
Clean Water Act, 33 U.S.C. 1318, for failure to adequately respond to 
information requests propounded by the United States Environmental 
Protection Agency.
    The first Consent Decree is entered into between the United States 
and Defendant David P. Burkel, Sr. That Consent Decree (a) prohibits 
Defendant Burkel from discharging any pollutant into waters of the 
United States without complying with the Clean Water Act or its 
implementing regulations; (b) requires him to perform a restoration/
mitigation plan; and (c) requires him to pay a civil penalty.
    The second Consent Decree is entered into between the United States 
and Defendants Douglas Ackling and Duane Moench.That Consent Decree (a) 
prohibits Defendants Ackling and Moench from discharging any pollutant 
into waters of the United States without complying with the Clean Water 
Act or its implementing regulations, and (b) requires them each to pay 
a civil penalty.
    The Department of Justice will accept written comments relating to 
these proposed Consent Decrees for thirty (30) days from the date of 
publication of this notice. Please address comments to Daniel W. 
Pinkston, Environmental Defense Section, U.S. Department of Justice, 
999--18th Street, Suite 945 North, Denver, Colorado 80202, and refer to 
United States v. David P. Burkel, Sr., et al., Civ. Act. No. A3-00-165 
(D.N.D.), DJ # 90-5-1-1-05709.
    The proposed Consent Decrees may be examined at the Clerk's Office, 
United States District Court for the District of North Dakota, Quentin 
N. Burdick United States Courthouse, 655 1st Avenue, North, Room 130, 
Fargo, North Dakota 58102-4932. In addition, the proposed Consent 
Decrees may be viewed on the World Wide Web at http://www.usdoj.gov/
enrd/open.html. Exit Disclaimer

Scott Schachter,
Assistant Section Chief, Environmental Defense Section, Environment and 
Natural Resources Division.
[FR Doc. 03-16071 Filed 6-24-03; 8:45 am]
BILLING CODE 4410-15-M

 
 

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