EPA v. PERFORMANCE PETROLEUM, A COLORADO CORPORATION

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. PERFORMANCE PETROLEUM, A COLORADO CORPORATION MW/4 OF SECTION 6, TOWNSHIP 26 NORTH, RANGE 11 EAST AND SECTION 31, TOWNSHIP 27 NORTH, RANGE 11 EAST BARNSDALL, OSAGE COUNTY, OKLAHOMA 74002 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF POLLUTANTS TO WATERS OF THE U.S. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) CEASE ALL UNPERMITTED DISCHARGES OF POLLUTANTS FROM THE FACILITY AND REMOVE PRODUCED WATER FROM THE TANK BATTERY BERM AND THE CONTAINMENT PITS IMMEDIATELY; B) WITHIN 30 DAYS, 1) RECONSTRUCT OR REPLACE THE BERM AROUND THE TANK BATTERY, 2) ENSURE THAT THE AREA INSIDE THE BERM REMAINS DRY AT ALL TIMES, AND 3) ENSURE THAT THE CONTAINMENT PITS HAVE INTEGRITY AND ARE NOT DISCHARGING TO WATERS OF THE U.S.; AND C) WITHIN 30 DAYS, SCHEDULE AND MEET WITH AN EPA FIELD INSPECTOR TO CONFIRM COMPLETION OF TASKS.

Defendants (1)

• PERFORMANCE PETROLEUMNamed in settlement

Facilities (1)

• PERFORMANCE PETROLEUM - OIL FIELD FAC

  NW/4 OF SEC. 6, T26 N, R11 E, BARNSDALL, OK, 74002

  Registry ID: 110010778131

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PERFORMANCE PETROLEUMentered 2000-12-20

  Primary law: CWA

Timeline (5 milestones)

• 2000-12-20Complaint Filed/Proposed Order
• 2000-12-20Final Order Issued
• 2001-01-05Enforcement Action Data Entered
• 2001-02-20Compliance Achieved
• 2001-02-20Enforcement Action Closed