[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