EPA v. MCBEE OPERATING COMPANY

Case summary

According to 40 C.F.R. § 122.2, McBee Operating Company (“Respondent”) is an owner and operator of a groundwater remediation system located at, 2086 FT NE Bison & Cherokee Trace Road, Upshur County, Texas (“the facility”). Facility is authorized to collect contaminated groundwater discharged from a natural spring and pump it to an air stripper for treatment. Treated groundwater is discharged to an unnamed tributary that empties into two livestock water ponds; then the overflow from the water pond flows to unnamed tributary, thence to another tributary of Little Cypress Creek, in Segment No. 0409 of Cypress Creek Basin. Respondent applied for and was issued NPDES Permit Number TX0124656 (“permit”), which became effective on May 1, 2009 and shall expire on April 30, 2014. Parts I.B of the permit was violated. Certified DMRs showed discharges exceeding the permitted effluent limitations as specified in attachment B. Part II.B & Part II.C of the permit was violated. Respondent failed to accurately report orally to EPA R6, violations of daily maximum limitations as specified in attachment B. Parts III.D.4 of the permit was violated. Respondent failed to submit signed and certified DMRs as required by permits. Part III.D.7.a.1, a.2, a.3 of the permit was violated. Respondent failed to report accurately descriptions of the noncompliance, its cause, exact dates and times, steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance as specified in attachment B. Part III.B.5.a of the permit was violated. Respondent failed to describe upset conditions that caused noncompliance as specified in attachment B.

Defendants (1)

• McBee Operating CompanyNamed in settlement

Facilities (1)

• BARBEE GAS UNIT 1 176408 LEASE WELL 4

  APPROX 2030' NE OF INTERX OF BISON RD, GILMER, TX, 75644

  Registry ID: 110009115803

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MCBEE OPERATING COMPANYentered 2012-09-12

  Primary law: CWA

Timeline (4 milestones)

• 2012-09-12Final Order Issued
• 2012-10-15Enforcement Action Data Entered
• 2012-11-30NPDES Closed
• 2012-11-30Enforcement Action Closed