Daily Rules, Proposed Rules, and Notices of the Federal Government
Notice is hereby given that on May 7, 2009, a Complaint was filed and a proposed Consent Decree was lodged in
The proposed Consent Decree concerning Defendants' onshore, non-transportation, oil production facilities in Wyoming and Montana resolves all claims asserted in the United States' Complaint under the Clean Water Act, 33 U.S.C. 1311(a) and 1321(b)(3), as amended by the Oil Pollution Act of 1990 ("OPA"), 33 U.S.C. 2701-2762, related to unauthorized discharges of oil from Defendants' facility as well as allegations pursuant that Defendants failed to prepare adequate Spill Prevention Control and Countermeasures Plans ("SPCC Plans") and lacked required Facility Response Plans ("FRPs").
The settlement secures $1,050,000 in civil penalties and an estimated $8,717,500 in injunctive relief from Defendants. Among other things, the injunctive relief requires Defendants to: revise facility SPCC Plans; create FRP Plans for 4 facilities; assure secondary containment conforms to requirements; adopt a facility integrity and release mitigation program which will include, among other things, increased inspections and integrity testing of certain facility components.
The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the settlement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to
The Consent Decree may be examined at the United States Attorney's Office for the District of Wyoming, 2120 Capitol Avenue--4th Floor, Cheyenne, Wyoming 82001 (USAO No. 06V100) and at U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site: