EPA v. ATEX EXPLORATIION & OPERATING CO. - G. D. FREEMAN LEASE

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. ATEX EXPLORATION & OPERATING CO. - G. D. FREEMAN LEASE ABOUT 10 MILES NORTHWEST OF THE CITY WHITESBORO, GRAYSON COUNTY, TEXAS 76273 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO EVIDENCE OF THREE YEAR REVIEW OF PLAN BY OWNER/ OPERATOR; 2) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FACILITY; 3) WRITTEN PROCEDURES AND A RECORD OF IN- SPECTIONS ARE NOT SIGNED BY FACILITY SUPERVISOR; 4) WRIT- TEN PROCEDURES AND RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN; 5) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 6) NO TRAINING ON THE OPERATION AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES; 7) NO TRAINING ON THE APPLICABLE LAWS, RULES, AND REGULATIONS; 8) SPILL PREVENTION BRIEF- INGS ARE NOT SCHEDULED AND CONDUCTED PERIODICALLY; AND 9) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $600 FOR THE VIOLATIONS CITED.

Defendants (1)

• ATEX EXPLORATION & OPERATING CO.Named in complaintNamed in settlement

Facilities (1)

• ATEX EXPLORATION & OPR CO.

  ABOUT 10 M W OF THE CITY, WHITESBORO, TX, 76273

  Registry ID: 110010756501

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• ATEX EPLORATION & OPERATING CO.entered 2001-07-18

  Primary law: CWA

  Federal penalty: $600

Timeline (5 milestones)

• 2001-06-19Complaint Filed/Proposed Order
• 2001-06-22Enforcement Action Data Entered
• 2001-07-18Final Order Issued
• 2001-07-19Compliance Achieved
• 2001-07-19Enforcement Action Closed