[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