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In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed consent decree in United States v. Jimenez Landscaping, et al., Case No. 04 C 2806, was lodged with the United States District Court for the Northern District of Illinois on December 14, 2005. This proposed Consent Decree concerns a complaint filed by the United States against the Defendants pursuant to Section 301(a) of the Clean Water Act (“CWA”), 33 U.S.C. 1311(a), to obtain injunctive relief from and impose civil penalties against the Defendants for filling wetlands without a permit.
The proposed Consent Decree requires the defendants to: (1) Pay a civil penalty, (2) permit the U.S. Army Corps of Engineers to conduct a wetland delineation of the subject site; and (3) hire a professional surveyor to survey the wetland boundary on their property within 14 days of completion of the wetland delineation and serve a copy of the survey on the United States Attorney's Office for the Northern District of Illinois and the Corps of Engineers. Restoration of the impacted wetlands has been completed. 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 Daniel M. Tardiff, Assistant United States Attorney, United States Attorney's Office, 5th Floor, 219 S. Dearborn Street, Chicago, Illinois 60604 and refer to United States v. Jimenez Landscaping, et al., case No. 04 C 2806, including the USAO #2004V00779.
The proposed Consent Decree may be examined at the Clerk's Office, United States District Court for the Northern District of Illinois, 219 S. Dearborn Street, Chicago, Illinois. In addition, the proposed Consent Decree may be viewed on the World Wide Web at http://www.usdoj.gov/enrd.open.html.Start Signature
Daniel M. Tardiff,
Assistant United States Attorney.
[FR Doc. 05-24325 Filed 12-21-05; 8:45 am]
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