A press release from the U.S. Attorney’s office:
McHENRY COUNTY LAND OWNER TO GIVE 104 ACRES OF WETLANDS TO FOX WATERWAY AGENCY AND PAY U.S. $15,000 TO SETTLE CLEAN WATER SUIT
CHICAGO — A federal judge today approved a consent decree settling a wetlands protection lawsuit that calls for
- a McHenry County property owner to give two parcels of wetlands totaling 104 acres to the Fox Waterway Agency (FWA), which manages the Fox River and Chain O’Lakes in McHenry and Lake counties, and also
- pay $15,000 to the United States.
The civil settlement resolves a lawsuit that the United States filed in 2007 on behalf of the U.S. Army Corps of Engineers against Michael P. Trinski, of McHenry, and Michael G. Hogan, of Ringwood, alleging that the defendants violated the Clean Water Act by causing fill or dredged material to be discharged into wetlands adjacent to Nippersink Creek near Route 12 and Fox Lake Road.
This is the map that was provided.
The consent decree provides that within three months, Trinski will deed
- 16 acres where the alleged violation occurred, south of Route 12 and east of Fox Lake Road, and
- an additional 88 acres on Pistakee Lake, south of Fortress Drive and west of Monterey Terrace in McHenry,
to the FWA for public use.
In addition, Trinski will pay a $15,000 civil penalty to the United States within six months. Hogan, who performed the wetland filing and dredging work for Trinski, will provide 80 hours of grading, clearing and/or excavating services for the FWA on the 16-acre parcel.
U.S. District Judge Gary Feinerman approved the consent decree today in Federal Court.
The defendants agreed to the settlement without admitting any liability. The settlement was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois.
In 2006, the Corps of Engineers inspected a 27-acre site owned by Trinski and found that the defendants, without a permit, had deposited dredged or fill material into wetlands adjacent to Nippersink Creek or on wetlands adjacent to the creek, a tributary of the Fox River and Pistakee Lake.
The government was represented by Assistant U.S. Attorney Kurt Lindland.
Any relation to the Bob Trinski who hosted a party to show off the first, very expensive dredging equipment purchased by the FWA?
What an original settlement.
I think that swapping a financial reimbursement for 104 acres of land is awesome!!!
Way to go US government – creative thinkers.
This kind of settlement has been employed by the COE and EPA for a good while now.
Rather than send money for damages to the General Fund, where it is unlikely to be reallocated in a manner that offsets the environmental harm, the offending corporations are required to do good deed in a manner that results in such offsets.
Plus, it can be a whole lot neater all around.
Some offenders might not be able to come up with the fines but they may be able to perform the offsets.