[Federal Register Volume 60, Number 23 (Friday, February 3, 1995)]
[Notices]
[Pages 6732-6733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2643]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
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.
Commonwealth of Massachusetts, Executive Office for Administration and
Finance, Division of Capital Planning and Operations; and Dimeo
Construction Company, Civ. Act. No. 93-10280 WD (D. Mass.), was lodged
with the United States District Court for the District of Massachusetts
on January 13, 1995. The proposed decree concerns alleged violations of
the Clean Water Act, 33 U.S.C. 1311, as a result of the discharge of
fill materials onto approximately 11.6 acres of wetlands by the
Commonwealth of Massachusetts (``Commonwealth'') and its general
contractor, Dimeo Construction Company (``Dimeo''),
[[Page 6733]] during the construction of the Bristol County House of
Corrections on Faunce Corner Road in Dartmouth, Massachusetts, without
a permit issued pursuant to 33 U.S.C. 1344.
The Consent Decree requires that the Commonwealth pay a civil
penalty of $50,000; perform a $1.5 million off-site compensatory
mitigation project; pay $378,000 in the event the Commonwealth sells
the undeveloped area around the House of Corrections; and provide a
$150,000 endowment to the Massachusetts Audubon Society (``MAS'') for
the management of 264 acres of wetlands that will be conveyed to MAS
pursuant to a settlement agreement in another Clean Water Act
enforcement matter. Dimeo is required to offer a comprehensive wetlands
training course to Dimeo's employees and to members of the Associated
General Contractors of Massachusetts.
The Department of Justice will receive written comments relating to
the consent decree for a period of thirty (30) days from the date of
this notice. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, U.S. Department of
Justice, Attention: Daniel W. Pinkston, 10th St. and Pennsylvania Ave.,
NW., Room 7303--Main Building, Washington, DC 20530, and should refer
to United States v. Commonwealth of Massachusetts and Dimeo
Construction Co., DJ Reference No. 90-5-1-1-3710.
The proposed consent decree may be examined at the Office of the
United States Attorney for the District of Massachusetts, 1107 John W.
McCormack Federal Bldg., U.S. P.O. & Courthouse, Boston, MA 02109, the
Region I Office of the United States Environmental Protection Agency,
Office of Regional Counsel, 1 Congress Street, 10th Floor, Boston, MA
and at the Consent Decree Library, 1120 G Street, NW., 4th Floor,
Washington, DC 20005 (202-624-0892). A copy of the proposed consent
decree may be obtained in person or by mail from the Consent Decree
Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In
requesting a copy, please enclose a check in the amount of $9.75 for a
copy of the consent decree only, or $36.25, for both the consent decree
and exhibits, payable to the Consent Decree Library.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources
Division.
[FR Doc. 95-2643 Filed 2-2-95; 8:45 am]
BILLING CODE 4410-01-M
