EPA v. MARK CLEMISHIRE OIL COMPANY, AN OKLAHOMA

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. MARK CLEMISHIRE OIL COMPANY, AN OKLAHOMA CORPORATION NW/4, SECTION 21, TOWNSHIP 22 NORTH, RANGE 10 EAST HOMINY, OSAGE COUNTY, OKLAHOMA 74035 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) UPON RE- CEIPT OF THE AO, CEASE ALL UNPERMITTED DISCHARGES OF POL- LUTANTS FROM THE FACILITY AND REMOVE AND PROPERLY DISPOSE OF PRODUCED WATER IN THE CONTAINMENT PIT IMMEDIATELY; B) WITHIN 45 DAYS: 1) DEMONSTRATE SECONDARY CONTAINMENT AT THE TANK BATTERY; 2) CONTINUOUSLY ENSURE THAT THE CON- TAINMENT AREA REMAINS DRY AT ALL TIMES; 3) REMOVE THE CONTAINMENT PIT AS SOON AS ADEQUATE SECONDARY CONTAINMENT CONSTRUCTION AT THE TANK BATTERY IS COMPLETED; 4) REMOVE AND PROPERLY DISPOSE OF THE TWO LEAKING SALTWATER STORAGE TANKS; 5) REPLACE OR REPAIR ALL LEAKING EQUIPMENT AT THE FACILITY; AND 6) REMEDIATE SURFACE DAMAGE CAUSED BY THE VIOLATIONS; AND C) UPON COMPLETING THE TAKS SPECIFIED, BUT WITHIN 45 DAYS, SCHEDULE AND MEET WITH AN EPA FIELD INSPECTOR TO CONFIRM THAT THE TASKS HAVE BEEN COMPLETED.

Defendants (1)

• MARK CLEMISHIRE OIL COMPANYNamed in settlement

Facilities (1)

• MARK CLEMISHIRE OIL CO

  NW/4 OF SEC. 21, T22 N, R10 E, HOMINY, OK, 74035

  Registry ID: 110010791214

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MARK CLEMISHIRE OIL COMPANYentered 2001-01-23

  Primary law: CWA

Timeline (5 milestones)

• 2001-01-23Complaint Filed/Proposed Order
• 2001-01-23Final Order Issued
• 2001-02-05Enforcement Action Data Entered
• 2001-04-09Compliance Achieved
• 2001-04-09Enforcement Action Closed