On April 24, 2017, Region 8 filed an Administrative Order on Consent (AOC) with Crestwood Equity Partners, LP (Crestwood) under section 309(a) of the Clean Water Act, resolving the injunctive relief-phase of EPA?s enforcement action against Crestwood for an unauthorized discharge of 1,095,528 gallons (26,084 barrels) of produced water in July 2014 on the Fort Berthold Reservation. Approximately 234,528 gallons (5,584 barrels) of produced water flowed into an unnamed creek toward Lake Sakakawea. An estimated 250 barrels of produced water entered the Lake?s Bear Den Bay.
The AOC incorporates by reference a Remediation Plan ordered by the EPA and agreed to by Crestwood to fully restore the environment affected by the spill and prevent future discharges of pollutants to the tributary. The Remediation Plan also requires mitigation and restoration of vegetation and trees damaged by the spill. The AOC and the Remediation Plan are the culmination of Region 8?s efforts over the past two and a half years to fully investigate the spill, negotiate a comprehensive settlement, and consult with the Three Affiliated Tribes, Bureau of Indian Affairs, and U.S. Army Corps of Engineers. The AOC will be in effect for a minimum of four years until the terms of the Remediation Plan are successfully completed.