EPA v. UNITED STATES EXPLORATION, INC., A COLORADO CORPORATION

Case summary

1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. UNITED STATES EXPLORATION, INC. FACILITY: CRUDE OIL TANK BATTERY SECTION 11, TOWNSHIP 24 NORTH, RANGE 11 EAST BARNSDALL, OSAGE COUNTY, OKLAHOMA 74002 3. RESPONDENT WAS IN VIOLATION 311(J) OF THE CWA BY (1) SPCC PLAN NOT PREPARED, CERTIFIED BY A P.E., AND/OR NOT AVAIL- ABLE AS REQUIRED; (2) NO EVIDENCE OF THREE YEAR REVIEW AND CERTIFIED AMENDMENTS AS REQUIRED; (3) NO PREDICTION EQUIPMENT FAILUREAND RESULTING DISCHARGES AS REQUIRED; (4) NO DISCUSSION OF APPROPRIATE CONTAINMENT AND/OR DI- VISIONARY STRUCTURES OR EQUIPMENT IN PLAN AS REQUIRED; (5) INSUFFICIENT DEMONSTRATION OF IMPRACTICALITY OF SE- CONDARY CONTAINMENT AND/OR NO STRONG CONTINGENCY PLAN; (6) NO WRITTEN PROCEDURES AND/OR INSPECTION RECORDS AS REQUIRED; (7) INCOMPLETE PERSONNEL TRAINING AND SPILL PREVENTION PROCEDURES AS REQUIRED; (8) INADEQUATE SECOND- ARY CONTAINMENT DRAINAGE PROCEDURES AND/OR OIL ACCUMULA- TION REMOVAL FROM DITCHES, TRAPS, SUMPS OR SKIMMERS; (9) INADEQUATE SECONDARY CONTAINMENT; (10) INADEQUATE MAIN- TENANCE/INSPECTION OF STORAGE TANKS INCLUDING FOUNDATIONS AND/OR SUPPORTS; (11) TANK INSTALLATION NOT FAIL-SAFE ENGINEERED, INADEQUATE TANK CAPACITY TO PREVENT OVERFILL; AND (12) INADEQUATE MAINTENANCE/INSPECTION OF PIPELINES, VALVES, FLOW LINES, PUMPING WELL POLISH ROD STUFFING BOX- ES, ETC. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $27,500 FOR THE VIO- LATIONS CITED.

Defendants (1)

• UNITED STATES EXPLORATION, INC.Named in complaintNamed in settlement

Facilities (1)

• US EXPLORATION, INC.

  SECTION 11, TOWNSHIP 24 NORTH, RANGE 11, E, BARNSDALL, OK, 74002

  Registry ID: 110010697870

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• UNITED STATES EXPLORATION, INC.entered 1998-09-16

  Primary law: CWA

  Federal penalty: $10,900

Timeline (5 milestones)

• 1998-07-31Enforcement Action Data Entered
• 1998-07-31Complaint Filed/Proposed Order
• 1998-09-16Final Order Issued
• 1998-10-09Compliance Achieved
• 1998-10-09Enforcement Action Closed