[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Pages 14714-14715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5770]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Between the United States and
The GHK Company, L.L.C. and GHK/Potato Hills Limited Partnership Under
the Clean Water Act
Under 28 CFR 50.7, notice is hereby given that on March 15, 2005, a
proposed consent decree (``Consent Decree'') between The GHK Company,
L.L.C. and GHK/Potato Hills Limited Partnership, Civil Action No. 05-
116-W, was lodged with the United States District Court for the Eastern
District of Oklahoma.
The Consent Decree would resolve claims asserted by the United
States in a Complaint filed on the same day against The GHK Company,
L.L.C. and GHK/Potato Hills Limited Partnership (collectively,
``GHK''), seeking injunctive relief and the assessment of civil
penalties for the discharge of pollutants without a permit in violation
of sections 301 and 404 of the Clean Air Water Act, 33 U.S.C. 1311,
1344(a), and for failure to respond fully to a request for information
regarding potential violations, issued by EPA pursuant to section 308
of the Clean Water Act, 33 U.S.C. 1318.
The Complaint filed by the United States alleges that due to
construction activity at eight (8) of GHK's natural gas drilling sites,
located in Oklahoma's Pushmataha and Latimer Counties, GHK was required
to obtain coverage under the National Permit Discharge Elimination
System (``NPDES'') General Permit for Construction Activities (or
obtain an individual NPDES permit) and to develop and implement a
stormwater pollution prevention plan (SWPPP). In addition, the United
States alleges that GHK was required to obtain a permit under Sec. 404
of the CWA at five (5) natural gas drilling sites, located in
Oklahoma's Pushmataha and Latimer Counties, at which GHK discharged
dredged or fill material into nearby streams. Finally, the United
States alleges that in the course of investigating GHK's construction
activities, EPA issued several information requests to GHK, pursuant to
CWA Sec. 308, 33 U.S.C. 1318, to which GHK provided an insufficient
response.
The Consent Decree provides for the payment of a civil penalty of
$325,000 and embodies a comprehensive plan for remedial work to be
performed at 32 sites under the operational control and ownership of
GHK and GHK/Potato Hills in the Latimer and Pushmataha counties in the
State of Oklahoma. In addition, the Consent Decree requires GHK to
implement a stormwater
[[Page 14715]]
corporate compliance program to ensure compliance with the Clean Water
Act at all of its drilling sites in the future.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Assistance Attorney
General, Environment and Natural Resources Division, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States v. GHK Company, L.L.C. and GHK/Potato Hills Limited
Partnership, D.J. Ref. No. 90-5-1-1-07654.
The Consent Decree may be examined at the Office of the United
States Attorney, Eastern District of Oklahoma, 1200 West Okmulgee
Street, Muskogee, OK 74401, and at U.S. EPA Region VI, 1445 Ross
Avenue, Dallas, TX 75202-2733. During the public comment period, the
Consent Decree may also be examined on the following Department of
Justice Web site, http//www.usdoj.gov/enrd/open.html. A copy of the
Consent Decree may also be obtained by mail from the Consent Decree
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy from the Consent Decree
Library, please enclose a check in the amount of $19.75 (25 cents per
page reproduction cost) payable to the U.S. Treasury.
Thomas A. Mariani, Jr.,
Assistant Section Chief, Environment Section, Environment and Natural
Resources Division.
[FR Doc. 05-5770 Filed 3-22-05; 8:45 am]
BILLING CODE 4410-15-M