[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14296-14297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06584]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On March 23, 2018, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of Georgia in the lawsuit entitled United States v. Magnolia
Valley Plantation, LLC, Magnolia Valley, LLC, and Magnolia Hills, LLC,
Civil Action No. 1:18-cv-00055-JRH-BKE.
The Consent Decree resolves the United States' claims set forth in
the complaint against Magnolia Valley Plantation, LLC, Magnolia Valley,
LLC, and Magnolia Hills, LLC (``Defendants'') for violations of the
Clean Water Act (``CWA'') in connection with (1) Defendants' alleged
failure to comply with applicable General Permits issued by the State
of Georgia pursuant to CWA Section 402, 42 U.S.C. 1342, and for
Defendants' alleged discharge of pollutants in storm water from a
construction site comprised of the Magnolia Valley Plantation and
Magnolia Hills (f/k/a Magnolia Valley) developments (together, the
``Site'') in Evans, Columbia County, Georgia, and (2) Defendants'
alleged violations of CWA Section 301, 42 U.S.C. 1311, for the alleged
discharge of pollutants from the Site into waters of the United States
without permits issued pursuant to CWA Section 404, 42 U.S.C. 1344.
Under the Consent Decree, Defendants, with signatory Aaron W.
Sullivan, have agreed to pay a civil penalty of $45,000 and pay $60,000
to purchase wetlands credits. Defendants also have agreed to implement
injunctive relief, including (1) for the Site: Ensuring that best
management practices (``BMPs'') are implemented and maintained, BMP
failures are reported and corrected, and (2) for all future sites:
Ensuring that BMPs are implemented and maintained, BMP failures are
reported and corrected, and both internal and third-party oversight and
reporting are implemented.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division and should
refer to United States v. Magnolia Valley Plantation, LLC, Magnolia
Valley, LLC, and Magnolia Hills, LLC, D.J. Ref. No. 90-5-1-1-11410. All
comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General,
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $19.25 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy
[[Page 14297]]
without the exhibits and signature pages, the cost is $14.25.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-06584 Filed 4-2-18; 8:45 am]
BILLING CODE 4410-15-P