EPA v. MCCANN RESOURCES, INC., A KANSAS COMPANY

Case summary

1. SECTIONS 308 AND 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1318 AND 1319(A). 2. MCCANN RESOURCES, INC., A KANSAS COMPANY MARK MCCAN 120 NORTH SHERMAN SEDAN, KANSAS 67361 FACILITY: NE/4, SEC. 20, T28 N, R10 E, OSAGE COUNTY, OK. 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS WITH PRODUCED WATERS TO WATERS OF THE U.S. WITHOUT A NPDES PERMIT ON OR ABOUT OCT. 5, 1998. 4. RELIEF SOUGHT PURSUANT TO SECTION 308 AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO). THE AO ORDERED THE RESPONDENT TO: 1) WITHIN 60 DAYS A) ENLARGE THE DIKE SURROUNDING THE SALT WATER (BRINE) HOLDING TANK TO INCREASE THE FREEBOARD AND STORAGE CAPA- CITY OF THE EARTHEN PIT, B) INSTALL AN AUTOMATICALLY ACTIVITATED SUMP PUMP TO REMOVE ANY BRINE/RAINWATER AC- CUMULATIONS FROM THE EARTHEN PIT TO THE SALT WATER TANK, C) APPLY A QUANTITY OF GYPSUM SUFFICIENT TO NEUTRALIZE SALTS ON AFFECTED AREAS ADJACENT TO THE SALT WATER TANK(S), AND D) SOW APPROPRIATE FERTILIZER AND GRASS SEED OT OBTAIN A MINIMUM OF 75% COVER ON APPROPRIATE AREAS ON THE LEASE; AND B) IMMEDIATELY CEASE ALL UNPERMITTED DIS- CHARGES OF POLLUTANTS.

Defendants (1)

• MARK MCCANNNamed in settlement

Facilities (1)

• MC CANN OIL LEASE

  NE/4, SECTION 20, T28 N, R10 E, OSAGE, OK, 74054

  Registry ID: 110010644259

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MCCANN RESOURCES, INC.entered 1999-06-10

  Primary law: CWA

Timeline (5 milestones)

• 1999-06-10Complaint Filed/Proposed Order
• 1999-06-10Final Order Issued
• 1999-06-15Enforcement Action Data Entered
• 2000-11-29Compliance Achieved
• 2000-11-29Enforcement Action Closed