[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