Document 37N5YDg7zLBoNBQBnd8oGnnO0

' . ~i\:.D sr4h ."'"'- ~"'. ~ - - \> ~ ~~ ~ \l '< ~4' ~~ l'.ql PROi~C. UNITED STATES ENVIRONMENTAL PROTECTION REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 . AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2454 2865 James D. Sinclair, Owner Sinclair Operating Company, LLC 1056 Crain City Road El Dorado, AR 71730 Re: Cease and Desist Administrative Order; Docket Number: CWA-06-2018-1768 Facility Number: ARU001223 Dear Mr. Sinclair: Enclosed is an Administrative Order (AO) issued to Sinclair Operating Company, LLC, for violation of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). The violation was identified during a February 8, 2018 inspection, conducted by the Environmental Protection Agency, Region 6 (EPA), of your oil and gas production facility known as the Bo Gregory Tank Battery, located in the Southwest Quarter of Section 10, Township 17 South, Range 14 West, Union County, Arkansas. The violation alleged is for the unauthorized discharge of a pollutant, specifically produced wastewater, to a water of the United States. Effective upon receipt of this AO, you shall immediately cease and desist all discharges of pollutants into the tributary of Mill Creek and comply with all provisions set forth in the enclosed AO. This AO also requires submission of infmmation to confirm compliance with the AO and to prevent future discharges of pollutants. EPA is committed to ensuring compliance with the requirements of the CWA and my staff will assist you in any way possible. If you have any questions, please contact Dr. Jack Arias, of my staff, at (214) 665-6434. Sincerely, Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division Re: Sinclair Operating Company, LLC Administrative Order cc: Mr. Gary Looney Assistant Director State of Arkansas Oil and Gas Commission El Dorado Regi,onal Office 2215 W. Hillsboro St. ElDorado, AR 71730 cc: Ms. Ellen Carpenter, Manager ADEQ Water Division 5301 Northshore Drive North Little Rock, AR 72118-5317 U.S. ENVIRONMENTAL PROTECTION AGENCY- REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER In the Matter of Sinclair Operating Company, LLC (Respondent) Docket Number: CWA-06-20 18-1768, Facility Number: ARUOO 1223 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator ofthe United States Environmental Protection Agency ("EPA"), by Section 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. 1319(a). The Administrator delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated such authority to the Director ofthe Compliance Assurance and Enforcement Division. FINDINGS I. Sinclair Operating Company, LLC ("Respondent") is a "person," as defined by Section 502(5) of the Act, 33 u.s.c. 1362(5). 2. At all times relevant to the violation alleged herein ("relevant time period"), Respondent owned and operated an oil field disposal and production facility known as the Bo Gregory Tank Battery, located in the Southwest Quarter of Section 10, Township 17 South, Range 14 West, Union County, Arkansas ("facility"), designated as Facility Number ARU001223. 3. Pumps, pipes, hoses, flow lines, vents, disposal storage tanks, and associated devices located at the facility acted as "point sources," as defined by Section 502(14) of the Act, 33 U.S.C. 1362(14). 4. At all times relevant, the facility acted as a "point source" of a "discharge" of "pollutant[s]", specifically oil field brine and produced wastewater generated from oil production activities, to a tributary of Mill Creek which is considered a "water of the United States." 5. At no time during the relevant time period did Respondent have National Pollutant Discharge Elimination System permit coverage under the Act which authorized the discharge of a pollutant from the facility to waters of the United States. 7. During the relevant time period, it was unlawful under Section 301(a) of the Act, 33 U.S.C. 1311(a), for any person to discharge a pollutant from a point source to a water of the United States without a permit issued under Section 402 of the Act, 33 U.S.C. 1342. SECTION 309(a)(3) COMPLIANCE ORDER 8. Based on these findings and pursuant to the authority of Section 309(a)(3) ofthe Act, 33 U.S.C. 1319(a)(3), EPA orders Respondent to take the following actions immediately upon receipt of this Order: a. Any continued discharge of pollutants is unauthorized and must cease immediately; b. Remove all pollutants from the flow paths located between the point of discharge and the point of entry into the tributary of Mill Creek; and c. Remove sufficient amounts of pollutants from the tributary of Mill Creek, which were discharged from the facility on or about February 8, 2018, so that the TDS in the tributmy downstream of the discharge is at or below background TDS levels.' d. Within thirty (30) days of the effective date of this Order, Respondent shall provide a written cettification including photographs, in-stream salinity, conductivity, and total dissolved solids measurements, manifests, work orders, and/or receipts to document how discharges and the removal of pollutants have been properly addressed. Please verify in the cetiification that the company name, mailing address and name of the authorized signatory for the company are correct. e. Within thirty (30) days of the effective date of this Order, Respondent shall develop and submit to EPA a Pollution Prevention Plan to prevent similar occurrences. 6. On Februmy 8, 2018, EPA observed that oil field brine and produced wastewater had been discharged from the facility. The inspector determined that the water located at the discharge point of entty into the tributmy of Mill Creek (Latitude 33.252558 Nand Longitude -92.538237 W) was contaminated from brine discharges and measured 41,495 parts-per-million Total Dissolved Solids ("TDS"). All correspondence should be addressed to: Dr. Jack Arias (6EN-WR) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Docket No. CWA-06-20 18-1768 Page 2 GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Issuance ofthis Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines, or other relief under the Act for the violation alleged herein or other violations which may become known to EPA. EPA reserves the right to seek any remedy available under the law which it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in the initiation of an administrative penalty action by EPA or a civil judicial penalty action by the U.S. Depmtment of Justice. Compliance with this Order does not relieve Respondent of its obligation to comply with all applicable federal, state, and local laws. The effective date of this Order is the date it 1s received by Respondent. Date Cheryl T. Seager Director Compliance Assurance and Enforcement Division 1 Compliance with this paragraph of the Order will be achieved after completing the required removal actions and once the total dissolved solids (TDS) measured values, sampled by using an approved method, such as a calibrated conductivity meter, at a point upstream of the point of entry and at a point downstream of the point of enl!y are relatively similar demonstrating that the stream is no longer affected by the pollutant.