EPA v. MERIT ENERGY COMPANY, 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. MERIT ENERGY COMPANY, INC. FACILITY: OIL PRODUCTION FACILITY, THE SOUTH PENA CREEK UNIT LEASE, TRC LEASE ID NO. 10690 PENA CREEK FIELD BIG WELLS, DIMMIT COUNTY, TEXAS 78830 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO FULLY IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN; AND SECTION 311(B)(3) OF THE CWA BY: 1) DISCHARGING 5 BARRELS OF OIL FROM ITS FA- CILITY INTO OR UPON AN UNNAMED TRIBUTARY TO ROCKY CREEK AND ADJOINING SHORELINES ON JUN. 9, 1997, AND 2) DIS- CHARGING 2 1/2 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON AN UNNAMED TRIBUTARY TO ROCKY CREEK AND ADJOINING SHORELINES. 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)

• MERIT ENERGY COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MERIT ENERGY COMPANY, INC. OIL PROD. FAC

  S PENA CREEK LEASE, NO. 10690, PENA CREEK FIELD, BIG WELLS, TX, 78830

  Registry ID: 110010697040

Statutes cited

• CWA 311B3 — Clean Water Act
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• MERIT ENERGY COMPANY, INC.entered 2000-01-31

  Primary law: CWA

  Federal penalty: $1,000

Timeline (5 milestones)

• 1999-12-29Complaint Filed/Proposed Order
• 2000-01-14Enforcement Action Data Entered
• 2000-01-31Final Order Issued
• 2000-02-08Compliance Achieved
• 2000-02-09Enforcement Action Closed