[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Page 40898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3643]



[[Page 40898]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    Notice is hereby given that a proposed consent decree in United 
States et al. v. J.H. Berra Construction Company, Inc., et al., Civil 
action No. 07-01268, was lodged on July 12, 2007 with the United States 
District Court for the Eastern District of Missouri. The United States 
and the State of Missouri filed this action pursuant to the Clean Water 
Act and Missouri Clean Water Law to obtain civil penalties and 
injunctive relief to address violations of stormwater pollution control 
permits issued pursuant to the Clean Water Act and the Missouri Clean 
Water Law and violations of the Clean Water Act's prohibition on 
unpermitted discharges. The action involves violations at three 
construction sites in Missouri: The Enclaves at Cherry Hills, a 130-
acre residential development located in the City of Wildwood; the 
Countryshire Development, a 150-acre residential development in 
O'Fallon; and Seckman Lake Estates, a 120-acre construction site in 
Jefferson County.
    The Consent Decree, with resolves claims by the United States, the 
State of Missouri, and the City of Wildwood, Missouri, requires the 
defendants, J.H. Berra Construction Co. Inc., a land developer in the 
St. Louis, Missouri areas, and four associated companies (JHB 
Properties Inc., J.H. Berra Holding Co. Inc., JMB No. 2 LLC, and CMB 
Rhodes LLC), to pay a penalty of $590,000 and to reimburse more than 
$52,000 to the State of Missouri and the City of Wildwood for their 
investigation and enforcement costs. The consent decree also requires 
the defendants to institute a program to improve training and 
implementation of storm water controls at future construction sites, to 
implement remedial plans for the pollution caused by their violations, 
and to pay for mitigation of the impact of their violations on Foxwood 
Estate Lake and Lake Chesterfield.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments, relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General, Environmental and Natural Resources Division, and 
either mailed to <a href="/cdn-cgi/l/email-protection#4a3a3f28292527272f243e672f2f39642f24382e0a3f392e2520642d253c"><span class="__cf_email__" data-cfemail="4b3b3e29282426262e253f662e2e38652e25392f0b3e382f2421652c243d">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United Sates et al. v. J.H. Berra Construction Co, Inc., et 
al., DOJ Ref. <greek-i>90-5-1-1-08444.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Thomas Eagleton U.S. Courthouse, 111 S. 10th 
Street, 20th Floor, St. Louis, MO 63102, and at the Region VII Office 
of the Environmental Protection Agency, 901 N. 5th Street, Kansas City, 
KS 66101. During the public comment period, the proposed consent decree 
may also be examined on the Department of Justice Web site, at http://www.usdoj.gov/enrd/Consent_Decrees.htm. A copy of the proposed consent 
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 emailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#bdc9d2d3d4dc93dbd1d8d8c9cad2d2d9fdc8ced9d2d793dad2cb"><span class="__cf_email__" data-cfemail="e0948f8e8981ce868c858594978f8f84a09593848f8ace878f96">[email protected]</span></a>), fax number (202) 514-0097, phone 
confirmation number (202) 514-1574. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $26.50 
(or $17 for a copy that omits the exhibits and signature pages) (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.

Robert E. Maher, Jr.
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 07-3643 Filed 7-24-07; 8:45 am]
BILLING CODE 4410-15-M


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