[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Page 48887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18400]


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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 CFR 50.7, notice is 
hereby given that a consent decree resolving the liability of Hyponex 
Corporation in United States of America v. Hyponex Corp., Civil Action 
No. 92-1940 (D.N.J.), was lodged with the United States District Court 
for the District of New Jersey on July 6, 2004.
    The proposed consent decree concerns alleged violations of the 
Clean Water Act, 33 U.S.C. 1311, resulting from the unauthorized 
discharge of dredged or fill materials into waters of the United States 
at a location in Hampton Township, Sussex County, New Jersey (the 
``Site''). The consent decree enjoins Hyponex Corporation from 
discharging dredged or fill material into waters of the United States 
at the Site. The consent decree further requires that Hyponex 
Corporation: (a) Implement a restoration plan to restore wetlands 
damaged by the unauthorized discharges at the Site and to enhance other 
wetlands at the Site; (b) pay a civil penalty of $50,000; (c) place a 
conservation easement on over 1,000 acres of land at the Site, which 
includes all wetlands at the Site, and transfer that property to an 
organization approved by the Corps of Engineers for the purpose of 
permanently protecting and managing the transferred property in an 
undeveloped state, consistent with the function and values of the 
wetlands at the Site; and (d) pay $125,000 to establish a fund to be 
used by the holder of the conservation easement for the purpose of 
overseeing the preservation and maintenance of the 1,000-plus acre 
period. The consent decree also requires that Hyponex Corporation 
dismiss with prejudice all claims and counterclaims which have been or 
could have been asserted against the United States with regard to the 
Site.
    The Department of Justice will receive written comments relating to 
the proposed consent decree for a period of thirty (30) days from the 
date of publication of this notice. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
United States Department of Justice, Attention: Michael J. Zevenbergen, 
Attorney, Environmental Defense Section, Seattle Field Office, c/o 
NOAA/Damage Assessment, 7600 Sand Point Way NE, Seattle, WA 98115, and 
should refer to United States of America v. Hyponex Corp., DJ Reference 
No. 90-5-1-1-3685.
    The proposed consent decree may be examined at the Clerk's Office, 
United States District Court, Martin Luther King Federal Building and 
Courthouse, 50 Walnut Street, Newark, NJ 07102.

Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources 
Division, Department of Justice.
[FR Doc. 04-18400 Filed 8-10-04; 8:45 am]
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