By Craig B. Simonsen

The U.S. Department of Justice (DOJ) has recently announced the filing of a consent decree to settle a Clean Water Act (CWA) fill and dredge case for the Army Corps of Engineers (COE). The complaint and consent decree were filed in USA v. Trinski and Hohan, No. 07-C-3600 (N.D. Ill). The notice of lodging was published in the Federal Register on January 11, 2012.

In this case the COE inspected the “Triski Site” and found that the Defendants had, without a permit, deposited, or caused to be deposited, dredged and or fill material into the Nippersink Creek and adjacent wetlands. Under the proposed terms of the settlement, the Defendants will pay a civil penalty of $15,000. In addition, as a mitigation element of the settlement the Defendants will sign over 16 acres of property to the Fox Waterway Agency (FWA), and will perform eighty hours of grading, clearing, and excavating services for the FWA.