[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Pages 26627-26628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12627]
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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 C.F.R. Sec. 50.7, notice
is hereby given that a consent decree in Clark Fork Pend Oreille
Coalition, et al. vs. Idaho Transportation Department, et al., Civil
No. 95-0300-N-EJL (D. Idaho), was lodged with the United States
District Court for the District of Idaho on April 15, 1998. The
proposed consent decree concerns violations of section 401 of the Clean
Water Act, 33 U.S.C. Secs. 1342 and 1344(a), involving the discharge of
dredged or fill materials into the Sand Creek, its tributaries and
adjacent ponds and wetlands by the Idaho Department of Transportation
(``DOT'') during 1994 road construction on U.S. Highway 95 in Bonner
County, Idaho.
The Consent Decree includes the following terms: (1) Restoration of
environmental harm; (2) an admission that ITD violated the CWA; (3) a
penalty of $200,00 to be deposited into a trust account entitled
``Clark Fork Pend Oreille Wetlands Trust Fund,'' to protect, preserve,
improve or enhance wetlands in Bonner County within the natural
drainage to Pend Oreille Lake and Clark Fork River; (4) develop a
program to educate ITD personnel about the requirements of the CWA; (5)
establish an environmental inspector position for each major highway
construction project to coordinate all CWA permitting issues for ITD
projects; and, (6) adopt new contract procedures providing standards
for erosion control, wetlands identification and the incorporation of
Section 404 Permits into all construction contracts. The Army Corps of
Engineers' headquarters, and the Corps Walla Walla, Washington
District, as well as the United States Attorney's Office for the
District of Idaho, support the settlement.
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, United States Department of Justice, Attention: Deborah A.
Hill, Assistant United States Attorney, District of Idaho, P.O. Box 32,
Boise, ID 83707, and should refer to Clark Fork Pend Oreille Coalition,
et al. vs. Idaho Transportation Department, et al., U.S. Attorney, No.
reference N-95-0096.
The Consent Decree may be examined at the following offices:
[[Page 26628]]
Office of the United States Attorney, District of Idaho, 877 W. Main
Street, Suite 201, Boise, Idaho 83702
Office of District Counsel, Corps of Engineers, Walla Walla District,
201 N. 3rd Avenue, Walla Walla, WA 99362-1876.
A copy may be requested by calling Deborah A. Hill, Assistant
United States Attorney, at (208) 334-1211. In requesting a copy, please
enclose a check payable to the Treasury of the United States in the
amount of $6.00 for a copy of the Consent Decree with attachments and
postage.
Deborah A. Hill,
Assistant U.S. Attorney, District of Idaho.
[FR Doc. 98-12627 Filed 5-12-98; 8:45 am]
BILLING CODE 4410-15-M
