SECTION 309 OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1319. DISCHARGING POLLUTANTS IN VIOLATION OF NPDES PERMIT. SETTLEMENT IN THE FORM OF A CONSENT DECREE. CIVIL PENALTY IN THE AMOUNT OF $48,000 AND INJUNCTIVE RELIEF AS FOLLOWS. 1. IMMEDIATELY CEASE ALL UNPERMITTED DISCHARGES FROM THE FACILITY. 2. SUBMIT AN APPLICATION PRIOR TO DISCHARGING. IF THE COMPANY ANTICIPATES ANY DISCHARGE. * * SYNOPSIS OF THE CASE: ROBERSON OWNS AND OPERATES A TOTAL OF 17 OIL/GAS WELLS IN FT. LYNN FIELDS, MILLER CTY, ARK WITH 6 LOCATED IN THE SULPHUR RIVER WILDLIFE MANAGEMENT AREA. A DESCRIPTION OF THE PROBLEM WELL SITES IS BELOW. * THE MAJORITY OF THE DISCHARGES OCCURRED BECAUSE ROBERSON FAILED TO MAINTAIN ADEQUATE FREEBOARD AROUND THE SALTWATER OIL PITS. DURING HEAVY RAIN OR OCCASIONAL DISCHARGES FROM STORAGE TANKS TO THE ITS, SALTWATER AND CRUDE OVERTOPPED THE PITS AND FLOWED INTO NEARBY WATERBODIES. ALSO, AN EMERGENCY OVERFLOW PIPE ON A HEARTER TREATER WAS ROUTINELY OPENED TO ALLOW WASHDOWN WATER TO FLOW OUT AND GET IN THE WATER SYS- TEM.