[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Page 25251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11572]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act and the Rivers and Harbors Act of 1899
In accordance with Department of Justice policy, 28 C.F.R.
Sec. 50.7, notice is hereby given that a consent decree in United
States of America v. Philip M. Punzelt, Jr., John Giunta and Jeff
Northrop, (D. Conn. No. 3:95CV000156 (DJS)), was lodged with the United
States District Court for the District of Connecticut on January 26,
1995.
The proposed Consent Decree concerns alleged violations of Sections
301 and 404 of the Clean Water Act, 33 U.S.C. 1311 and 1344(s), and
Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. 403, by
defendants Philip M. Punzelt, Jr., John Giunta and Jeff Northrop.
As described more fully in the Complaint, on December 15, 1982, the
Department of the Army, Corps of Engineers, issued a permit to Philip
M. Punzelt, Jr. to perform specified work, including construction of a
seawall, in the navigable waters of the Saugatuck River, Westport,
Connecticut. The permit expired on December 31, 1987. Defendant Punzelt
and his contractor, defendant John Guinta, continued to perform
construction of the seawall and placed fill material into the navigable
waters of the United States after expiration of the permit. In
addition, defendants Philip Punzelt and Jeff Northrop placed
unauthorized floats and docks in the navigable waters of the United
States.
This work, and the placement of the unauthorized structures,
constitute violations of Sections 301 and 404 of the Clean Water Act,
33 U.S.C. 1311 and 1344, as well as Section 10 of the Rivers and
Harbors Act of 1899, 33 U.S.C. 403.
The proposed Consent Decree calls for a civil penalty of $20,000.00
to be paid by defendant Philip M. Punzelt, Jr. under the Clean Water
Act, 33 U.S.C. 1311 and 1344, and requires Mr. Punzelt to submit to the
Corps of Engineers an application for an After-the-Fact permit to
retain the unauthorized fill material, floats and docks, and abide by
the outcome of the permit process. Under the Consent Decree, defendant
John Giunta must pay a civil penalty of $6,000.00 under the Clean Water
Act, 33 U.S.C. 1311 and 1344; and defendant Jeff Northrop must pay
$16,000.00 as disgorgement of economic benefit derived from activities
in violation of Section 10 of the Rivers and Harbors Act of 1899, 33
U.S.C. 403. Mr. Northrop is alleged to have placed and/or maintained
unauthorized floats and docks in the Saugatuck River, and received
income from rental of the unauthorized structures. Finally, the
proposed Consent Decree provides that the defendants will be enjoined
from future violations of the Clean Water Act and the Rivers and
Harbors Act of 1899.
The United States Attorney's Office will receive written comments
relating to the Consent Decree until June 12, 1995. Comments should be
addressed to Sharon E. Jaffe, Esq., Assistant United States Attorney,
District of Connecticut, P.O. Box 1824, New Haven, Connecticut 06508,
and should refer to United States of America v. Philip M. Punzelt, Jr.,
et al., (D. Conn. No. 3:95CV000156 (DJS)).
The Complaint and Consent Decree in this case may be examined at
the Clerk's office, United States District Court, 450 Main Street,
Hartford, Connecticut 06103.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources
Division.
[FR Doc. 95-11572 Filed 5-10-95; 8:45 am]
BILLING CODE 4410-01-M
