[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Page 32463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15947]



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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 of four consent decrees lodged on May 23, 1996. A 
separate consent decree was lodged in each of the following related 
cases: (a) United States of America v. Iroquois Pipeline Operating 
Company, Civ. Act. No. 96-CV-836 FJS (N.D.N.Y.); (b) United States of 
America v. Iroquois Pipeline Operating Company, Civ. Act. No. CV 96 
2613 (E.D.N.Y.); (c) United States of America v. Iroquois Pipeline 
Operating Company, Civ. Act. No. CV 3906 (CLB) (S.D.N.Y.); and (d) 
United States of America v. Iroquois Pipeline Operating Company, Civ. 
Act. No. CV 396CV00926 (RNC). The proposed decrees concern alleged 
violations of Sections 301 and 404 of the Clean Water Act, 33 U.S.C. 
Secs. 1311 and 1344, as the result of the defendant's violation of U.S. 
Army Corps of Engineers (``Corps'') Permit No. 16013, issued on 
February 12, 1991, in connection with construction of the Iroquois 
natural gas pipeline (``Pipeline'').
    Pursuant to each of the consent decrees, Iroquois Pipeline 
Operating Company and Iroquois Gas Transmission System, LP (an entity 
related to defendant Iroquois Pipeline Operating Company which is not a 
defendant in the complaints associated with the consent decrees, but 
which is a signatory to the consent decrees) (collectively, 
``Iroquois''), are (a) Permanently enjoined from violating Sections 
301(a) and 404 of the Clean Water Act, 33 U.S.C. Secs. 1311 and 1344; 
(b) required to comply with a Constant Order issued by the United 
States Department of Transportation, which mandates the performance of 
an ``Integrity Monitoring and Maintenance Plan'' relating to the 
Pipeline by defendant; (c) required to implement a Backfill Stability 
Monitoring and Maintenance Plan relating to the Pipeline; (d) required 
to pay a civil penalty of $2.25 million pursuant to 33 U.S.C. 
Secs. 1319(d) and 1344(s); and (e) required to pay $2.25 million to the 
National Fish and Wildlife Foundation as a supplemental environmental 
project for the creation, restoration, enhancement and acquisition of 
wetlands and adjoining uplands in the vicinity of the Pipeline right-
of-way. Iroquois will be making one $2.25 million civil penalty payment 
and one $2.25 million payment for the supplemental environmental 
project in fulfillment of its obligations under all four consent 
decrees. Pursuant to the consent decree lodged in the United States 
District Court for the Northern District of New York, Iroquois will 
also be required to remove unauthorized fill and restore wetlands under 
the supervision of the Corps.
    The Department of Justice will receive written comments on these 
consent decrees for a period of thirty (30) days from the date of this 
notice. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, U.S. Department of Justice, 
Attention: Daniel W. Pinkston, Environmental Defense Section, P.O. Box 
23986, Washington, DC 20026-3986, and should refer to United States v. 
Iroquois Pipeline Operating Company, DJ Reference No. 90-5-1-1-3883.
    The proposed consent decrees may be examined at the Consent Decree 
Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In 
requesting a copy of the consent decrees with attachments, please 
enclose a check in the amount of $22.50 for a copy of the Northern 
District of New York consent decree; $23.00 for a copy of the Eastern 
District consent decree; $22.75 for a copy of the Southern District 
consent decree; and $22.50 for the District of Connecticut consent 
decree. In addition to the Consent Decree Library, the consent decree 
for a particular district may be examined at the following locations: 
(a) Northern District of New York--Offices of the United States 
Attorney for the Northern District of New York, James Foley Building, 
Room 231, Albany, New York; (b) Eastern District of New York--Offices 
of the United States Attorney for the Eastern District of New York, One 
Pierrepont Plaza, 14th Floor, Brooklyn, New York; (c) Southern District 
of New York--Offices of the United States Attorney for the Southern 
District of New York, 100 Church Street, 19th Floor, New York, New 
York; and (d) District of Connecticut--Office of the Clerk of the 
United States District Court for the District of Connecticut, 450 Main 
Street, Hartford, Connecticut.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources 
Division, United States Department of Justice.
[FR Doc. 96-15947 Filed 6-21-96; 8:45 am]
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