ESWR Enforcement Page
Proposed consent decree notices
from Federal Register (updated July 11)
- Wetlands enforcement: Consent decree would impose $15,000 in fines for discharges into waters of the U.S. by cranberry farm in Bridgewater, Mass. (U.S. v. Dyer, Civ. 00-11013, D. Mass.). Decree was lodged with district court May 23. [Editor's note: Amount of fines is $15,000, not $12,000 as listed in FR notice, according to EPA.] (6/9, p. 36716)
- Wetlands enforcement: Proposed consent decree would impose $500 fine. CD concerns operation of cranberry farm in Bridgewater, Mass. (U.S. v.
Johnson, Civ. 00-11014, D. Mass.) (6/9, p. 36715-6)
- WETLANDS: DOJ announces proposed consent decree requiring Roger D. Williams to perform a restoration project for unlawfully discharging and/or controlling and directing the discharge of dredged and fill materials into waters of the U.S. at a 40-acre site located on Sondej Avenue immediately east of Bowers Hill Auto Parts and south of South Military Highway in the city of Chesapeake, Norfolk County, Virginia (U.S. v. Roger D. Williams, Civ. No. 2:00CV296, E.D. Va.) (5/18, p. 31603)
- Artemissa Farms would pay $5,000 for wetland restoration under the terms of proposed decree in U.S. v. Jane A. Young, et al., Civ. 95-4202-JPG (S.D. Ill.)., resulting from the discharge of dredged and fill materials onto about 100 acres of wetlands, in Hamilton County, Illinois. (4/7, p. 18351-2)
- Under proposed consent decree, Fisher Sand & Gravel Co., Emulsified Asphalt Inc. of Wyoming, and others will complete restoration, perform three to five years of monitoring, be enjoined against future unauthorized discharges, and pay a civil penalty, for discharging dredged or fill material into waters of the United States within Deer Creek near Glenrock, Wyo., without a permit issued by the Army Corps of Engineers (U.S. v. Fisher Sand & Gravel Co., 98-CV-0276-D, D. Wyo.). Proposed decree was lodged with U.S. District Court for the District of Wyoming on March 8, 2000 (3/20, p. 15012)
- DOJ extends comment period on proposed consent decree in U.S and State of Idaho v. Union Pacific Railroad Co. (99-606-N-EJL, D. Idaho) and Coeur d' Alene Tribe v. Union Pacific Railroad Co. (91-342-N-EJL, D. Idaho) (includes CWA claims) (3/8, p. 12280) (Proposed consent decree, 1/20, p. 3249)
Consent decree lodged in Koch Industries settlement, requiring Koch to pay $30 million in fines (U.S. v. Koch Industries Inc., Civ. 95-1118, S.D. Tx.), and U.S v. Koch Industries Inc., Civ. 97-687 B(E), N.D.Okla.). Environmental projects required include a pipeline safety study; acquisition and preservation of wildlife habitat; other wetlands and water quality enhancement projects; and an emergency planning and response project. (1/27, p. 4439-40)
Proposed consent decree would impose $15,000 fine, require protection of existing wetlands--also, completion of a preservation project involving the transfer of 30.1 acres of wetlands valued at $98,126 to the Puerto Rico Department of Natural and Environmental Resources (U.S. v. Sapo Corp., Civ. 99-2366, D.P.R., 12/15/99) (1/20, p. 3248-9)
1999
- Proposed consent decree would require defendant to pay a $550,000 civil penalty for violations of Section 301 and 404 of Clean Water Act. The proposed decree also provides that Defendant is enjoined from discharging pollutants into waters of the United States except as authorized by the CWA and Rivers and Harbors Act (U.S. v. St. Charles Riverfront Station Inc., Civ. 4:99-1978 SNL (E.D.Mo.) (12/30, p. 73584-5)
- Proposed consent decree in U.S. v. HPS&R, 99-CV-222-BR(1) (E.D.N.C.), would require $85,000 fine, restoration of 100 acres of wetlands (12/14, p. 69784)
- Proposed Consent Decree would resolve CWA Section 404 violations against Willowridge Estates, L.L.C., and Rathborne Land Co.
Among other provisions, it would require Defendants (1) to pay civil penalties totaling $620,000, (2) to preserve about 370 acres of neighboring wetlands owned by Defendants, (3) apply to the U.S. Army Corps of Engineers for an after-the-fact permit for the unauthorized discharges and (4) to comply with all terms and conditions of any permit that is issued (12/8, p. 68702)
- Proposed consent decree would require payment of a $65,000 fine and the restoration and/or creation of 9.5 acres of wetlands at site next to the Rio Grande River
near Alamosa, Colo. (U.S. v. Blue Sky Inc., (Civ. 97-Z-2153, D. Colo.). (12/3, p. 67935-6)
- Consent decree filed in U.S. v. Arlington Valley Land Company Civ. No. C99-1711C (W.D. Wa.). The decree enjoins AVLC and Nobach Hild from discharging dredged or fill material into waters of the United States and requires: (a) that Nobach Hild restore and create a total of about 6.5 acres of wetlands at the site, and that AVLC
donate to a conservation group for preservation a 23-acre tract of land consisting primarily of wetlands. (12/2, p. 67586)
- Consent decree modified in Slagle v. U.S. (D. Minn.). The proposed modification "would provide for the addition of three undisturbed lakeshore lots within the violation site, which were previously available for development, to the area subject to restrictive land use covenants, for development on three previously disturbed lakeshore lots on which further development was prohibited under the 1995 Consent Decree, and for additional wetlands restoration work." (12/2, p. 67587)
- DOJ: "This rule codifies the Department of Justice's general policy
that, in any civil matter in which [DOJ] is representing the interests of the United States or its agencies, the Department will not enter into final settlement agreements or consent decrees that are subject to confidentiality provisions, nor will it seek or concur in the sealing of such documents." (11/2, p. 59122-3)
- Consent decree in CWA enforcement action proposes $10,000 fine for unauthorized discharge of dredged or fill material into herbaceous wetlands in Mayaguez, Puerto Rico, without a permit (U.S. v. Calderon, et al., No. 96-2451 RLA (D. Puerto Rico) (10/29, p. 58444)
- Proposed consent decree in Interstate General Co. case filed (U.S. v. Interstate General Company, et al., Civ. No. AW-96-1112, D. Md., So. Div.) (10/14, p. 55748)
- Decisions and orders by EPA Administrative Law Judges (all statutes)
- Company would pay $500,000 penalty, $7 million for restoration under proposed Consent Decree (U.S v. Material Service Corporation, Civil Action No. 95 C 3550, N.D. Ill.) (8/25, p. 46409)
- Proposed consent decree to settle CERCLA and RCRA violations also includes payment of $100,000 to U.S. to restore damaged wetlands (U.S. v. Burgess Brothers Inc., Civ. No. 194, D.Vt.)
- Proposed consent decree The decree requires Carlos R. Leffler to
pay a penalty of $435,000.00 to the Oil Spill Liability Trust Fund and to spend a minimum of $110,000.00 for the donation and enhancement of approximately fifteen acres of wetlands and uplands in Walker Township, Juaniata County, Pennsylvania (7/23, p. 40043)
- DOJ: Lodging of Consent Decree Pursuant to the National Marine Sanctuaries Act (United States and Board of Trustees of the Internal Trust Fund of the State of Florida v. Atlas Shipping, Ltd. and Transportacion Maritima Mexicana S.A. de C.V. (S.D.
Fla., 99-10061, S.D. Fla., 6/4/99) (6/24, p. 33909)
- DOJ: Proposed Consent Decree in U.S v. Chevron Products
Division, Civ. 99-00410-DAE-LEK, D. Haw., 6/3/99) (6/24, p. 33909)
- Proposed consent decree in South Carolina calls for preservation of 21 acres of wetlands, acquisition of 400 acres, and $1,000 fine (U.S. v. Edward J. Edelen III, Civ. No. 4:98-1538-22, D.S.C.) (6/1, p. 29355-6)
- Proposed Consent Decree in U.S. v. Alshabkhoun, Civ. No. 98-C-583-S (W.D. Wi.), lodged with U.S District Court for the Western District of Wisconsin on May 7, 1999. "The proposed Consent Decree would provide for prohibitions of future violations of the provision of the Clean Water Act. In addition, the decree would provide for the full restoration of the violation area to the conditions which existed prior to January 1994, as well as a $225,000 penalty under the Clean Water Act to be paid by Defendants Alshabkhoun and A&A Farms." (5/20, p. 27601)
- Two proposed Consent Decrees filed in U.S. v. Alshabkhoun, et al., Civ. 98-C-583-S (W.D. Wi.) were lodged with the U.S. District Court for the Western District of Wisconsin on April 22, 1999. "The proposed Consent Decrees would each provide for prohibitions of future violations of the provisions of the Clean Water Act. In addition, one decree would provide for a $2,200 penalty under the Clean Water Act by Defendant Paul M. Garbelman, and the other would provide for a $3,000 penalty under the Act by Defendant David W. Rogerson." (5/10, p. 25068-9)
- Sinclair Oil will pay penalties of $29,000 under proposed Consent Decree in U.S. v. Sinclair Oil Corporation (Civ. No. 98 CV 166B, D. Wyo.), lodged with the U.S. District Court in Wyoming April 23. The U.S. filed the action seeking injunctive relief and civil penalties for the discharge of oil from a rupture in its underground pipeline into a navigable water in violation of the Clean Water Act and the Oil Pollution Act (5/5, p. 24173)
- Consent decree in U.S. and State of Texas v. Encycle/Texas Inc. and ASARCO Inc. (Civ. No. H-99-1136, S.D. Tx.) was lodged with the United States District Court for the Southern District of Texas on April 15, 1999 (5/4, p. 23858-9)
- The Coast Guard gives notice of the proposed assessment of a
Class II administrative penalty against Parker & Parsley Petroleum USA, Inc. for violations of the Federal Water Pollution Control Act (FWPCA). The alleged violation involves a discharge of approximately 77,523 gallons of oil into and upon Deadend Canal, Franklin, Louisiana and adjoining navigable waters of the United States on or about November 26, 1996, and continuing through and including December 5, 1996 (4/22, p. 19852-3)
- Proposed consent decree in U.S. v. Yellowstone Pipe Line Company and Conoco Pipe Line Company, 96-47-M-CCL, D. Mont) was lodged March 30 with the U.S. District Court for the District of Montana (4/13, p. 18051)
- Proposed consent decree in U.S v. Sheridan Area
Water Supply Joint Powers Board (D. Wyo.), lodged with U.S. District Court for the District
of Wyoming on Feb. 5, 1999(3/2, p. 10163)
- Consent decree in United States v. State of Delaware, Department of Transportation, Civ. No. 98-651-RRM (D. Del.), lodged with U.S. District Court, Delaware, Nov. 23, 1998 (2/4/99, 5675-6)
1998
- Proposed Consent Judgments Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act: United States v. General Motors
Corporation and Niagara Mohawk Power Corporation, Civ. No. 98 CV 1927 (NAM), DOJ
#90-11-2-2/2, was lodged in the U.S. District Court for the Northern District of New York on
Dec. 15, 1998 (12/30, p. 71951-2)
- Notice of Lodging of Consent Decree Pursuant to the
Comprehensive Environmental Response Compensation and Liability Act: Notice is hereby
given that a proposed consent decree in United States v. ARCO, Civil Action No.
89-039-BU-PGH (D. Mont.) and Montana v. ARCO, Civil Action No. 83-317-HLN-PGH (D.
Mont.), was lodged on November 16, 1998 with the United States District Court for the
District of Montana (12/10, p. 68296-7)
- Proposed consent judgment in United States v. General Motors
Corporation, et al., Civil No. 98-CV-10368 BC, E.D. Mich.) (11/30, p. 65812-3)
(Saginaw River and Bay).
- Notice of Lodging of Proposed Consent Judgment Pursuant to the
Clean Water Act (Reichelt v. U.S Army Corps of Engineers, 93-CV-332 AR N.D.
Ind.) (12/2, p. 66582-3)
- Proposed consent decree for U.S. v. County of San Luis
Obispo, California, No. 97-6176 ABC (Ex) (C.D. Cal.), was lodged with U.S District Court
for the Central District of California on Oct. 27, 1998 (11/6, p. 60024)
- Notice of Lodging of Consent Decree Under Clean Water Act
In accordance with Departmental policy, 28 C.F.R. 50.7, notice is hereby given that a proposed
consent decree in U.S. v. Coal Valley Mining Inc., C.A. No. 5:97-0763 (11/6, p.
60022)
- Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act in U.S. v. Rueth Development Company, et al., Civ. No. 2:96CV540-JM (N.D. Ind.),
was lodged with the U.S. District Court for the Northern District of Indiana on Oct. 23,
1998 (11/6, p.60024)
- EPA cites Palmerton, Pa., man for filling wetlands without a permit (9/15/98)
- EPA cites Danielsville, Pa., man for filling in wetlands at Woodstone golf course (9/15/98)
- Whatley Ranch Owners Agree to Restore Damaged Wetlands (10/13/98)
- Urban Drainage and Flood Control District, Contractor pay Fine for Wetlands Violations (9/25/98)
- A proposed Final Consent Decree in United States v. William J. Hall, Civil No. 2:97-0167-12 (D.S.C.), was lodged with the United States District Court for the District of South Carolina on July 20, 1998. The proposed Decree concerns alleged violations of sections 301(a) and 404 of the Clean Water Act, 33 U.S.C. 1311(a) and 1344, resulting from Defendant's clearing and unlawfully discharging fill material into about 0.91 acre of palustrine-forested wetlands. (9/25, p. 51374)
- Notice of Lodging of Consent Decree in an Oil Spill Case
In re Complaint of United States (Civil Action No. C97-1380 EDL, N.D. Cal., 7/16/98)
(7/30, p. 40737)
- Notice of Lodging of Consent Decree Under the Clean Water Act and
the Clean Air Act (U.S. and League of Women Voters of New Orleans v. Sewerage & Water
Board of New Orleans, Civ. No. 93-3212, E.D. La.) (5/14, p. 26825-6)
- Notice of Lodging of Consent Decree Under the Clean Water Act
(Clark Fork Pend Oreille Coalition v. Idaho Transportation Department, Civ.
95-0300-N-EJL, D. Idaho) (5/13, p. 26627-8)
- Consent decrees between alleged violators of Clean Water Act
wetlands regulations and Department of Justice (4/10, p. 17891-2)
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