EPA v. PDC MOUNTAINEER, LLC (4 FACILITIES)

Case summary

THE CAFO BOTH INITIATES AND RESOLVES ALLEGED VIOLATIONS OF THE CLEAN WATER ACT ( CWA ) INCLUDING THE DISCHARGE OF DREDGE AND/OR FILL MATERIAL RESULTING IN SIGNIFICANT WETLAND AND STREAM IMPACTS. THE ALLEGED VIOLATIONS WERE DISCOVERED DURING TWO SITE INSPECTIONS HELD ON DECEMBER 11, 2011 AND MARCH 28, 2012 AT THE D'ANNUNZIO WELL PAD AND THE HUDKINS WELL PAD LOCATEED IN HARRISON COUNTY, WEST VIRGINIA. RESPONDENT'S RESPONSE TO AN INFORMATION REQUEST LATER REVEALED ADDITIONAL VIOLATIONS ALONG THE COURSE OF THE BOARD OF EDUCATION PIPELINE AND THE GEPCO PIPELINE. THE CAFO REQUIRES RESPONDENT TO PAY CASH PENALTY AND INCORPORATES BY REFERENCE THREE ADMINISTRATIVE ORDER THAT REQUIRE RESTORATION OF THE SITES. THIS CAFO IS CONSISTENT WITH THE GOALS ARTICULATED IN THE EPA'S SECTION 404 SETTLEMENT PENALTY POLICY INCLUDING COMPLIANDCE WITH THE CLEAN WATER ACT, GENERAL AND SPECIFIC DETERRENCE, THE PREVENTION OF UNFAIR ECONOMIC BENEFIT, AND THE PRESERVATION OF WETLANDS.

Defendants (1)

• PDC MOUNTAINEER, LLCNamed in complaintNamed in settlement

Facilities (4)

• PETROLEUM DEVELOPMENT CORP - HUDKINS SITE

  BUCKHANNON PIKE AND NUTTER RUN ROAD, MOUNT CLARE, WV, 26301

  Registry ID: 110045466447

• PETROLEUM DEVELOPMENT CORP - D'ANNUNZIO PAD

  0.8 MILE W OF WV 20 AND NUTTER RUN ROAD, NUTTER FORT, WV, 26301

  Registry ID: 110045466401

• PETROLEUM DEVELOPMENT CORP GEPCO PIPELINE

  STONEPOT ROAD, MONTE CLARE, WV, 26301

  Registry ID: 110054913000

• PETROLEUM DEVELOPMENT CORP - BOE PIPELINE

  0.8 M W OF WV 20, MONTE CLARE, WV, 26301

  Registry ID: 110054913019

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PDC MOUNTAINEER, LLC (4 FACILITIES)entered 2012-11-05

  Primary law: CWA

  Federal penalty: $177,500

Timeline (3 milestones)

• 2012-11-05Final Order Issued
• 2012-11-05Complaint Filed/Proposed Order
• 2012-11-27Enforcement Action Data Entered