[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Page 75272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9673]


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DEPARTMENT OF JUSTICE


Notice of Consent Decree Pursuant to the Clean Water Act

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. McCann 
Resources, Inc. and Mark W. McCann, Civ. No. 04 cv 744 TCK-FHM (N.D. 
Ok.), DOJ 90-5-1-1-07876, was lodged in the United States 
District Court for the Northern District of Oklahoma on November 28, 
2006. The Decree will resolve the liability of the named Defendants to 
the United States for their violations of Section 1423(b) of the Safe 
Drinking Water Act, 42 U.S.C. 300h-2(b), and Sections 301 and 311 of 
the Clean Water Act, 33 U.S.C. 1311 and 1321, and regulations 
promulgated thereunder, during their operation of oil production 
facilities in Osage County, Oklahoma.
    Under the proposed Consent Decree, Defendants are required to 
perform injunctive relief at all their facilities in Oklahoma and 
jointly pay a civil penalty. Specifically, they will (a) take 
corrective action to bring the oil production facilities into 
compliance with federal law in accordance with the recommendations of 
an environmental consultant and other measures specified in the Decree, 
(b) remediate soils damaged by brine discharges, (c) adopt a stringent 
operation and maintenance program to prevent future discharges, (d) 
update Spill Prevention Control and Countermeasures plans, and (e) plug 
and/or test injection wells pursuant to Underground Injection Control 
regulations according to a schedule. Additionally, Defendants will 
jointly pay a civil penalty of $11,000 based on a qualified financial 
analyst's assessment of their limited ability to pay a penalty while 
performing injunctive relief.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
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. McCann Resources, Inc. and Mark W. McCann, 
Civ., DOJ 90-5-1-1-07876. The proposed Consent Decree may be 
examined at the Office of the United States Attorney, Northern District 
of Oklahoma, 333 West 4th Street, Suite 3460, Tulsa, Oklahoma 74103-
3809, and at U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas, 75202. During the public comment period, the proposed Consent 
Decree may be examined on the following Department of Justice Web site, 
to http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 
proposed 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 $11.75 for the Consent 
Decree, or $41.50 for the Consent Decree with appendices (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-9673 Filed 12-13-06; 8:45 am]
BILLING CODE 4410-15-M