EPA v. DENBURY ONSHORE, LLC

Case summary

THIS CASE INVOLVES 21 DISCHARGES OF OIL TO NAVIGABLE WATERS OF THE U.S. THE DISCHARGES OCCURRED FROM OIL PRODUCTION FACILITIES OWNED AND OPERATED BY DENBURY ONSHORE, LLC., AT 8 OIL FIELDS IN MS AND ONE OIL FIELD IN AL. THE MISSISSIPPI FACILITIES ARE: MARTINVILLE OIL FIELD, HEIDELBERG OIL FIELD, QUITMAN OIL FIELD, EUCUTTA OIL FIELD, SOSA OIL FIELD, SUMMERLAND OIL FIELD, AND GLUCKSTADT OIL FIELD. THE AL FACILITY IS THE CITRONELLE OIL FIELD. EACH DISCHARGE CONSTITUTES A VIOLATION OF SECTIONS 301 AND 311 OF THE CWA AND THE EPA IS SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF. 12/18/15 - SUPPLEMENTAL REFERRAL. 9/5/19 - CD ENTERED. THE CD RESOLVES A CWA 311(b)(3) AND (j) CIVIL JUDICIAL CASE AGAINST DENBURY ONSHORE, LLC. SPECIFICALLY, THE CD RESOLVES DENBURY'S LIABILITY FOR 26 DISCHARGE VIOLATIONS THAT OCCURRED BETWEEN AUGUST 8, 2009 AND NOV 11, 2015, IN MISSISSIPPI AND ALABAMA. THE SETTLEMENT ALSO RESOLVES DENBURY'S LIABILITY FOR 4 SPCC PLAN VIOLATIONS AND 6 FACILITY RESPONSE PLAN VIOLATIONS AT OIL FIELDS IN MS. THE STATE OF MS IS A CO-PLAINTIFF. UNDER THE CD, DENBURY HAS AGREED TO PAY A CIVIL PENALTY OF $3.5 MILLION AND TO IMPLEMENT INJUNCTIVE RELIEF THAT INCLUDES REQUIREMENTS FOR PERSONNEL TRAINING, SPILL REPORTING PROTOCOLS, AND A MECHANICAL INTEGRITY PROGRAM (MI PROGRAM . THE MI PROGRAM (APPENDIX B OF THE CD) IS A COMPREHENSIVE, RISK-BASED PROGRAM DESIGNED TO PREVENT SPILLS. IT INCLUDES DETAILED REQUIREMENTS FOR: (1) FIELD SURVEYS, REGISTERS AND MAPPING OF EQUIPMENT; (2) ANNUAL RISK ASSESSMENTS; (3) INSPECTION SCHEDULES; (4) ANOMALY RESOLUTION PROTOCOLS; (5) POST INCIDENT ANALYSIS REPORTING; AND (6) A DATA MANAGEMENT SYSTEM FOR ELECTRONICALLY STORING INFORMATION.

Defendants (1)

• DENBURY ONSHORE, LLCNamed in complaintNamed in settlement

Facilities (9)

• DENBURY ONSHORE, SUMMERLAND OIL FIELD

  LAT/LONG: 31.720278 / -89.400556, JASPER, MS, 39443

  Registry ID: 110070543783

• DENBURY ONSHORE, EUCUTTA OIL FIELD

  LAT/LONG: 33.9858 / -88.84855, OKOLENA, MS, 39324

  Registry ID: 110070543779

• DENBURY ONSHORE, HEIDELBERG OIL FIELD

  LAT/LONG: 31.876717 / -89.038, HEIDELBERG, MS, 39439

  Registry ID: 110070543781

• DENBURY ONSHORE, WEST MALLALIEU FIELD

  HOG CHAIN ROAD, BOGUE CHITTO, MS, 39629

  Registry ID: 110070543778

• DENBURY ONSHORE, GLUCKSTADT OIL FIELD

  LAT/LONG: 32.478917 / -90.03055, GLUCKSTADT, MS, 39110

  Registry ID: 110070543785

• DENBURY ONSHORE, QUITMAN OIL FIELD

  LAT/LONG: 31.036717 / -88.642983, QUITMAN, MS, 39355

  Registry ID: 110070543786

• DENBURY ONSHORE, SOSO OIL FIELD

  LAT/LONG: 31.812 / -89.3289, SOSO, MS, 39480

  Registry ID: 110070543782

• DENBURY ONSHORE, MARTINSVILLE OIL FIELD

  LAT/LONG: 31.9922 / -89.762333, MENDENHALL, MS, 39114

  Registry ID: 110070543784

• DENBURY ONSHORE, CITRONELLE FIELD

  LAT/LONG: 31.067683 / -88.2052, CITRONELLE, AL, 36522

  Registry ID: 110070543780

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• DENBURY ONSHORE, LLC (04-2019-C005)entered 2019-09-05

  Primary law: CWA

  Federal penalty: $2,400,000 · State/local: $1,100,000

Timeline (7 milestones)

• 2012-09-19Referred To Dept Of Justice
• 2012-09-22Enforcement Action Data Entered
• 2015-12-18Supplemental Referral-Adding parties, counts
• 2019-04-25Final Order Lodged
• 2019-04-25Complaint Filed With Court
• 2019-09-05Final Order Entered
• 2019-09-05Concluded