[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Page 65385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25868]
[[Page 65385]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Safe
Drinking Water Act
On Wednesday, October 23, 2013, the Department of Justice lodged a
proposed Consent Decree with the United States District Court for the
District of Utah (Central Division) in the lawsuit entitled United
States v. Newfield Production Company, Civil Action No. 2:13-cv-00968-
DN. To settle the claims against it under the Safe Drinking Water Act
(``SDWA''), Newfield Production Company (``Newfield'') will pay a civil
penalty of $600,000, and demonstrate adequate financial assurance
through the use of a surety bond through the end of 2013, and
thereafter by either the continued use of a surety bond or the use of
financial statement with specified restrictions and reporting
requirements. In return, the United States will grant Newfield a
covenant not to sue or take administrative action pursuant to the SDWA
for the civil violations alleged in the Complaint, filed simultaneously
with the Consent Decree.
The case was brought under Section 1423 of the SDWA, 42 U.S.C.
300h-2, against Newfield for failure to demonstrate adequate financial
responsibility for its Class II oil-related injection wells located in
the Monument Butte Well Field, substantially on the Uintah & Ouray
Indian Reservation in the State of Utah. Newfield failed to meet all of
the five financial ratio tests required for the use of financial
statement for fiscal years 2009 and 2010. This was a violation of
Section 1423 of the SDWA, 42 U.S.C. 300h-2; the requirements of the
Underground Injection Control (``UIC'') program found at 40 CFR
144.52(a)(7); and Section F of Newfield's UIC permits. Newfield
obtained alternate financial assurance on September 27, 2010, through a
Surety Bond with a Standby Trust Agreement, which remains in place at
this time.
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. Newfield Production Company, D.J. Ref.
No. 90-5-1-1-10453. 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:
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To submit comments: Send them to:
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By e-mail........................... [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 $6.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-25868 Filed 10-30-13; 8:45 am]
BILLING CODE 4410-15-P