VIOLATIONS: Two of the Respondent's tank batteries, both located in Osage County, Oklahoma, were a point source discharge of pollutants, specifically brine, to a waters of the U.S. The first discharge violation occurred on March 3, 2003, from a KSW tank battery located in the Northwest Quarter of Section 15, Township 24 South, Range 11 East. The seccond discharge occurred on May 1, 2003, from a KSW tank battery located in the Northeast Quartr of Section 16, Township 24 North, Range 11 East.
RELIEF: The Class I Complaint proposes up to a $27,500 penatly for the violations. However, the Respondent and EPA entered into a settlement agreement in which the Respondent agreed to perform extensive relief at both facilities. Relief included: de-contruciting one of the batteries; removing contaminants;rebuilding secondary containment; soil remediation and restoration; and obtaining and implementing SPCC plans where appropriate. The final deadlilne for completion of the settlement work was August 12, 2003. The final EPA inspection determined that the Respondent had cooperated fully with the settlement agreement and a bottomline penalty of $3,000 is offered in the attached CAFO.