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E-M:/ Bay Houston Towing -- Minden Bog water pollution enforcement

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Page 36825-36826]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Bay-
Houston Towing

[[Page 36826]]

Co., Civil Action No. 98-CV-73252 (E.D. Mich.), was lodged with the 
United States District Court for the Eastern District of Michigan on 
June 22, 2006.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Bay-Houston Towing Co. (``Bay-Houston''), 
pursuant to sections 301(a), 309(b), 309(d), and 404 of the Clean Water 
Act (``CWA''), 33 U.S.C. 1319(b), 1319(d), and 1344, to obtain 
injunctive relief from and impose civil penalties against the Defendant 
for violating the Clean Water Act by discharging pollutants without a 
permit into waters of the United States, at a location known as the 
``Minden Bog,'' in Sanilac County, Michigan, and for failing to comply 
with an administrative compliance order issued to Bay-Houston by the 
United States Environmental Protection Agency. The proposed Consent 
Decree resolves these allegations by permanently enjoining Bay-Houston 
from discharging pollutants at the Minden Bog except in accordance with 
CWA section 404 permit recently tendered to Bay-Houston by the United 
States Army Corps of Engineers (``Corps''). The permit also requires 
Bay-Houston, inter alia, to restore the majority of the bog affected by 
peat mining; to immediately donate 1,182 acres of presently undisturbed 
peatlands to the Michigan Department of Natural Resources (``MDNR''); 
and to donate remaining peatlands (approximately 1,641 acres) to the 
MDNR once peat mining is complete.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Joshua M. Levin, 
Senior Attorney, U.S. Department of Justice, Environment and Natural 
Resources Division, Environmental Defense Section, P.O. Box 23986, 
Washington, DC 20026-3986, and refer to United States v. Bay-Houston 
Towing Co., DJ #95-5-1-1-4519.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the Eastern District of Michigan, at 
the following address: 5th Floor, Theodore Levin United States 
Courthouse, 231 West Lafayette Boulevard, Detroit, MI 48226. In 
addition, the proposed Consent Decree may be viewed at <A HREF="http://www.usdoj.gov/enrd/open.html";>

Scott A. Schachter,
Assistant Chief, Environmental Defense Section, Environment and Natural 
Resources Division.
[FR Doc. 06-5764 Filed 6-27-06; 8:45 am]


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
Evidence Review and Litigation Investigation on Air, Water and 
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf 

657 Spartan Ave,  East Lansing, MI  48823  
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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