[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]



-----------------------------------------------------------------------


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