EPA v. HAMILTON, DAVID L DBA SHADCO

Case summary

DESCRIPTION OF FACILITY AND BUSINESS: THE SERVICE HARDWARE AND DRILLING COMPANY (HEREINAFTER SHADCO), IS A SOLE PROPRIETORSHIP ENGAGED IN THE BUSINESS OF OPERATING AND SERVICING OIL WELL PROPERTIES. ONE OF THESE PROPERTIES IS AN OIL PRODUCTION WELL ON THE ZETA REED LEASE IN THE SW 1/4, SE/1/4, SEC. 28, T6S, R32E, MPM, BIG HORN COUNTY, MONTANA. APPROXIMATELY 70 GPM OF WASTEWATER IS PRODUCED FROM THE OPERATION OF A TREATER/SEPARATOR WHICH SEPARATES THE WATER FROM THE OIL THAT IS PRODUCED BY THIS FACILITY. VIOLATIVE CONDUCT SECTION 301 OF THE CLEAN WATER ACT (CWA), 33 U.S.C. SECTION 1311(A), (THE ACT ), PROHIBITS THE DISCHARGE OF POLLUTANTS INTO WATERS OF THE UNITED STATES, EXCEPT FOR UNDER CERTAIN STRICTLY CONTROLLED CONDITIONS. ON MARCH 2, 1984, MR. ROBERT FOX, AND ENVIRONMENTAL ENGINEER WITH THE MONTANA OFFICE OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION VIII, WHILE ON A ROUTINE INSPEC- TION OF THE AREA, NOTED THE DISCHARGE OF AN ESTIMATED 40 GPM OF PRODUCTION WATER FROM THE SUBJECT FACILITY TO SOAP CREEK, A WATER OF THE UNITED STATES. SHADCO DOES NOT HAVE A PERMIT OR OTHER AUTHORIZATION FOR SUCH DISCHARGE. EPA'S AUTHORITY TO BRING AND ACTION: THE ENVIRONMENTAL PROTECTION AGENCY IS AUTHORIZED TO BRING THIS ACTION BY SECTION 309(B) OF CWA, 33 U.S.C. SECTION 1319(B). THREAT TO HEALTH AND ENVIRONMENT. THERE WAS NO KNOWN ACTUAL DAMAGE TO HEALTH AND THE ENVIRONMENT AS A RESULT OF THE DISCHARGE. HOWEVER, SOAP CREEK HAS BEEN DESIGNATED AS A CLASS B-1 STREAM, BY THE STATE OF MONTANA. THIS STREAM CLASSIFICATION IS RESERVED FOR HIGH QUALITY WATERS. IT IS DESIGNATED FOR THE PROTEC- TION AND PROPOGATION OF SALMONIC SPECIES: I.E., TROUT. UNCONTROLLED DISCHARGES OF POLLUTANTS WOULD HAVE AN ADVERSE IMPACT ON THE WATER QUALITY OF THIS STREAM. HISTORY OF CONTACT WITH DEFENDANT: 12-07-83: ROBERT FOX OF THE EPA REGION VIII MONTANA OFFICE RECEIVED AN INQUIRY FROM SHADCO AS TO WHAT PERMITS WOULD BE NEEDED TO OPERATE AN OIL SEPARATOR PROPOSED FOR THE SOAP CREEK FIELD. EXHIBIT A-IV 03-14-84: BOB FOX CONTACTED LINDA WYSS, TO FOLLOW-UP HIS OBSERVATION OF THE SHADCO DISCHARGE DURING HIS MARCH 2, 1984 INSPECTION OF THE SITE. EXHIBIT B 03-15-84: LON STEWART OF SHADCO CALLED BOB FOX TO EXPLAI N THE HOLD UP IN APPLYING FOR AN NPDES PERMIT. EXHIBIT C 03-15-84: SHADCO SENT THE NPDES PERMIT APPLICATION TO MONTANA OFFICE. EXHIBIT D 04-11-84: EPA VIII ISSUED SHADCO AN ADMINISTRATIVE ORDER UNDER SEC 309 OF THE CWA TO STOP DISCHARGING FROM THE ZETA REED LEASE. EXHIBIT E 04-12-84: BOB FOX NOTIFIED LON STEWART OF SHADCO THAT THE NOTICE OF VIOLATION AND ORDER WERE ISSUED. EXHIBIT F 04-17-84: SHADCO NOTIFIED THE EPA VIII MONTANA OFFICE THAT THE DISCHARGE WAS STOPPED APRIL 17, 1984. EXHIBIT G 04-18-84: EPA VIII MONTANA OFFICE SENT SHADCO A LETTER CORRECTING A DATE IN THE ORDER. EXHIBIT H STATE AND LOCAL EFFORTS TO RESOLVE THE CASE BOTH THE STATE OF MONTANA AND THE CROW TRIBAL COUNCIL HAVE BEEN INFORMED OF THE SUBJECT DISCHARGE. THE STATE HAS DECLINED TO ACT SINCE THE DISCHARGE OCCURRED ON THE CROW RESERVATION. THE ENVIRONMENTAL PROTECTION AGENCY IS RESPONS IBLE FOR ENFORCING THE CLEAN WATER ACT ON THE CROW INDIAN RESERVATION. PROPOSED REMEDY WE ARE REQUESTING INJUNCTIVE RELIEF TO PROHIBIT ANY FURTHER DISCHARGE WITHOUT PROPER PE

Defendants (1)

• HAMILTON, DAVID L.Named in complaintNamed in settlement

Facilities (1)

• SERVICE HARDWARE & DRILLING CO

  SW1/4 SE1/4 SEC 28 T6S R32E, BIGHORN, MT, 59010

  Registry ID: 110010668606

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DAVID HAMILTON DBA SHADCOentered 1985-08-22

  Primary law: CWA

  Federal penalty: $12,500

Timeline (7 milestones)

• 1984-06-29Enforcement Action Data Entered
• 1984-06-29Referred To Dept Of Justice
• 1984-09-28Complaint Filed With Court
• 1985-08-22Final Order Lodged
• 1985-08-22Final Order Entered
• 1985-08-22Concluded
• 1985-08-27Enforcement Action Closed