[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17891-17892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9448]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees Pursuant to the Clean Water
Act
In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that two consent decrees that would resolve the liability
of (1) Morris Brothers Farms and (2) Joseph M. Morris, two of four
defendants in United States of America v. Jane A. Young, et al., Civil
Action No. 95-4202-JPG (S.D. Ill.), were lodged with the United States
District Court for the Southern District of Illinois on March 30, 1998.
Both of the proposed consent decrees concern alleged violations of
the Clean Water Act, 33 U.S.C. 1311, as a result of the discharge of
dredged and fill materials onto approximately 100 acres of wetlands, in
Hamilton County, Illinois (``Site''), which is alleged to constitute
``waters of the United States.''
The consent decree between the United States and Morris Brothers
Farms permanently enjoins Morris Brothers Farms from taking any
actions, or causing others to take any actions, which result in the
discharge of dredged
[[Page 17892]]
or fill material into waters of the United States. The consent decree
with Morris Brothers Farms further requires Morris Brothers Farms to
pay (a) a $20,000 civil penalty and (b) $47,000 into an interest-
bearing Registry Account of the United States District Court for the
Southern District of Illinois, to be used to conduct a wetland
restoration at the Site if the United States obtains access to the Site
through litigation or other means. In addition, the consent decree with
Morris Brothers Farms provides that if the United States is not able to
obtain access to the Site to conduct a wetland restoration, all funds
in the Registry Account (except for 10% of the interest that is to be
paid to the Court) will be deposited by the Clerk of the Court into the
United States Treasury.
The consent decree between the United States and Joseph M. Morris
permanently enjoins Joseph M. Morris from taking any actions, or
causing others to take any actions, which result in the discharge of
dredged or fill material into waters of the United States. The consent
decree with Joseph M. Morris further requires Joseph M. Morris, subject
to the right of prior approval by the United States Army Corps of
Engineers, to convey to an appropriate entity for conservation 68.7
acres of land that are immediately adjacent to the violation Site. The
purpose of the conveyance is to provide a conservation area in which no
development, excavation, or other disturbance will occur. To achieve
that end, the conveyance shall contain several restrictions that are
set forth in an exhibit to the consent decree with Joseph M. Morris.
The Department of Justice will receive written comments relating to
the consent decrees 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, United States
Department of Justice, Attention: Steven E. Rusak, Trial Attorney,
Environmental Defense Section, P.O. Box 23986, Washington, D.C. 20026-
3986, and should refer to United States v. Jane A. Young, et al., DJ
Reference No. 90-5-1-6-580.
The proposed consent decrees may be examined at the Clerk's Office,
United States District Court, United States Courthouse, 301 West Main
Street, Benton, Illinois, 62812.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources
Division, Department of Justice.
[FR Doc. 98-9448 Filed 4-9-98; 8:45 am]
BILLING CODE 4410-15-M
