EPA v. UNITED STATES EXPLORATION, INC.

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: EAST COVINGTON MAIN CRUDE OIL TANK BATTERY SECTION 29, TOWNSHIP 25 NORTH, RANGE 10 EAST BARNSDALL, OSAGE COUNTY, OKLAHOMA 74002 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY (1) SPCC PLAN NOT PREPARED, CERTIFIED BY A P.E., AND/ OR NO AVAILABLE AS REQUIRED; (2) NO EVIDENCE OF THREE YEAR REVIEW AND CERTIFIED AMENDMENTS AS REQUIRED; (3) NO PREDICTION OF EQUIPMENT FAILURE AND RESULTING DISCHARGE AS REQUIRED; (4) NO DISCUSSION OF APPROPRIATE CONTAINMENT AND/OR DIVERSIONARY STRUCTURES OR EQUIPMENT IN PLAN AS REQUIRED; (5) INSUFFICIENT DEMONSTRATION OF IMPRACTICALI- TY OF SECONDARY CONTAINMENT AND/OR NO STRONG CONTINGENCY PLAN AS REQUIRED; (6) NO WRITTEN PROCEDURES AND/OR IN- SPECTION RECORDS AS REQUIRED; (7) NO PERSONNEL TRAINING AND SPILL PREVENTION PROCEDURES AS REQUIRED; (8) INADE- QUATE SECONDARY CONTAINMENT DRAINAGE PROCEDURES AND/OR OIL ACCUMULATION REMOVAL FROM DITCHES, TRAPS, SUMPS, OR SKIMMERS; (9) INADEQUATE SECONDARY CONTAINMENT, FACILITY DOES NOT HAVE SECONDARY CONTAINMENT; (10) INADEQUATE MAINTENANCE/INSPECTION OF STORAGE TANKS INCLUDING FOUNDA- TION AND/OR SUPPORTS; AND (11) INADEQUATE MAINTENANCE/IN- SPECTION OF PIPELINES, VALVES, FLOW LINES, PUMPING WELL POLISH ROD STUFFING BOXES, 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)

• EAST COVINGTON MAIN CRUDE OIL TANK BATTERY

  SECTION 29, TOWNSHIP 25 NORTH, RANGE 10 E, BARNSDALL, OK, 74002

  Registry ID: 110010776099

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: $18,300

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