[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Page 14546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2776]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act and
Rivers and Harbors Act
Notice is hereby given that on March 9, 2006, a consent decree in
United States v. James H. Pflueger, et al., Civil Action No. 06-00140
SPK BMK, was lodged with the United States District Court for the
District of Hawaii.
The complaint, filed concurrently with lodging of the consent
decree, was brought on behalf of the Environmental Protection Agency
(``EPA'') and the State of Hawaii, Department of Health, under Sections
309 and 504 of the Clean Water Act (``CWA''), 33 U.S.C. 1319 & 1364,
Section 13 of the Rivers & Harbors Act of 1899 (``R&HA''), 33 U.S.C.
407, and State law. The complaint alleges that defendants James H.
Pflueger, Pflueger Properties, and Pilaa 400 LLC illegally discharged
storm water associated with their construction activities on the Island
of Kauai, Hawaii, and seeks civil penalties and injunctive relief. The
federal claims in the proposed complaint also include a claim for
injunctive relief under R&HA Section 13, 33 U.S.C. 407, to address
sediment discharges from defendants' property, and claims for civil
penalties and injunctive relief for defendants' placement of
unpermitted fill in stream courses on their property, in violation of
CWA Section 404. Finally, the complaint includes state claims for
violations of state storm water and water quality regulations.
The consent decree requires defendants to pay a $2 million civil
penalty and to perform a Supplemental Environmental Project designed to
reduce the inflow of pollution to receiving waters and improve water
quality, at an estimated cost of $200,000. Finally, the decree requires
defendants to complete measures necessary to abate further discharges
of pollution and to repair the damage done to waterways on their
property.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the consent
decrees. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States v. James H. Pflueger, et al., D.J. Ref. No. 90-5-1-1-
07871.
During the public comment period, the consent decrees may be
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. Copies of the consent decrees may also be
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax
no. (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy, please enclose a check in the amount of $14.75 (25
cents per page reproduction cost) payable to the U.S. Treasury, for a
copy of the consent decree without attachments. Requesters who desire
copies of the attachments (which include oversize and color materials)
should call to make separate arrangements for reproduction, which will
be charged at the cost for outside commercial copying.
Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-2776 Filed 3-21-06; 8:45 am]
BILLING CODE 4410-15-M