[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Notices]
[Pages 46811-46812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22447]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Robert 
Desmond, Civ. No. 01-CV-11425-RGS (D. Mass.), was lodged with the 
United States District Court for the District of Massachusetts on 
August 20, 2001. This proposed Consent Decree concerns a complaint 
filed by the United States of America against Robert Desmond, Esq., of 
Chestnut Hill, Massachusetts, pursuant to section 309 (b), (d) and (g), 
of the Clean Water Act, 33 U.S.C. 1319 (b), (d) and (g), to obtain 
injunctive relief and impose civil penalties against the Defendant for 
unlawfully discharging dredged or fill materials into waters of the 
United States in Taunton, Bristol County, Massachusetts, for failing to 
comply with the terms of a March 30, 1998 administrative order, issued 
in accordance with Clean Water Act section 309(a), 33 U.S.C. 1319(a), 
requiring the completion of a restoration plan; and for failing to 
comply with the terms of a June 21, 1998 ``Administrative Consent 
Agreement and Final Order,'' under Clean Water Act section 309(g), 33 
U.S.C. 1319(g), which directed the Defendant to pay a penalty of 
$12,500 by July 31, 1998.
    The proposed Consent Decree requires the Defendant to pay a civil 
penalty in the amount of $10,000, for its several alleged violations of 
the Clean Water Act. The Defendant is required to pay an additional 
penalty of $48,478.47, reflecting payments owed to the United States 
under the CAFO, unless the Defendant proves to the satisfaction of the 
United States, within 90 days of entry of the Consent Decree, that he 
paid $12,500 to the United States on or before July 31, 1998. Finally, 
the proposed Consent Decree enjoins the Defendant and his agents from 
discharging any pollutant into waters of the United States unless such 
discharge complies with the provisions of the Clean Water Act and its 
implementing regulations.
    The Department of Justice will receive written comments relating to 
this

[[Page 46812]]

proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Please address comments to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, Attention: Joshua M. Levin, P.O. Box 23986, 
Washington, DC 20026-3986. Please refer to the matter of United States 
v. Robert Desmond, DJ Reference No. 90-5-1-1-06024.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the District of Massachusetts, John 
Joseph Moakley U.S. Courthouse, Suite 2300, 1 Courthouse Way, Boston, 
MA 02210-3002. In addition, the proposed Consent Decree may be viewed 
on the World Wide Web at http//www.usdoj.gov/enrd/enrd-home.html.

Scott A. Schacter,
Assistant Section Chief, Environmental Defense Section, Environment and 
Natural Resources Division.
[FR Doc. 01-22447 Filed 9-6-01; 8:45 am]
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