EPA v. BHP Billiton

Case summary

NOD issued for disclosure of violations. NOTICE OF DETERMINATION ON SELF-DISCLOSURE OF CLEAN WATER ACT 404 VIOLATIONS: On September 18, 2012, EPA Region 6 issued a Notice of Determination (NOD) under EPA's Self Disclosure Policy to BHP Billiton for three well sites (a total of 1.165 ac)located in LaSalle County, Texas, that were constructed in violation of the Clean Water Act, Section 404. BHP disclosed the violations to EPA. The NOD waives all gravity-based penalties for BHP due to its meeting the nine conditions of the policy for waiving the penalties.

Defendants (1)

• BHP BillitonNamed in settlement

Facilities (3)

• DORA MARTIN UNIT 1-1H WELL

  APPROXIMATELY 11.2 MILES SE OF ATRESIA WELL, COTULLA, TX, 78014

  Registry ID: 110054082229

• BROWN DISTRIBUTING 1H WELL

  APPROXIMATELY 20 MILES SE OF COTULLA, COTULLA, TX, 78014

  Registry ID: 110054082201

• BROWN DISTRIBUTING 2H WELL

  APPROXIMATELY 22 MILES SE OF COTULLA, COTULLA, TX, 78014

  Registry ID: 110054082210

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BHP Billitonentered 2012-09-18

  Primary law: CWA

Timeline (3 milestones)

• 2012-09-18Enforcement Action Closed
• 2012-09-18Final Order Issued
• 2012-10-04Enforcement Action Data Entered