[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Page 35087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14811]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on June 2, 2010, a proposed Consent 
Decree (the ``Decree'') in United States v. State of Alaska, Department 
of Transportation and Public Facilities, Civil Case No. 3:10-cv-00115-
JWS, was lodged with the United States District Court for the District 
of Alaska.
    In a complaint filed on the same day, the United States alleged 
that the State of Alaska Department of Transportation and Public 
Facilities (``Alaska DOTPF'') was liable, pursuant to Section 309(b) 
and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and (d), for civil 
penalties and injunctive relief for discharging fill material without a 
permit at eleven sites on the Kenai Peninsula during the fall of 2002, 
in violation of Section 404 of the Act, 33 U.S.C. 1344. The complaint 
also alleged that Alaska DOTPF violated the Act's requirements 
governing the discharge of storm water at three road and bridge 
construction sites during the summers of 2005 and 2006, in violation of 
Section 402 of the Act, 33 U.S.C. 1342.
    Pursuant to the Decree, Alaska DOTPF will (1) pay a civil penalty 
of $140,000; (2) pay $850,000 in mitigation to acquire and protect 
valuable riparian areas; (3) revegetate three sites at which 
unpermitted fill was discharged; and (4) undertake various actions to 
increase the training of its employees and increase the nature and 
quality of its efforts to inspect for and comply with storm water 
regulations.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. State of Alaska Department of Transportation and 
Public Facilities, D.J. Ref. 90-5-1-1-08977.
    During the public comment period, the Decree may be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Decree 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 from the 
Consent Decree Library, please enclose a check in the amount of $7.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-14811 Filed 6-18-10; 8:45 am]
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