Document OmM8Zj2XqkE2QwzgpL5eez6p

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7014 0150 0000 2454 4227 Mr. Herman Roberts, Owner 6638 South Vernon Avenue Chicago, IL 60637 Re: Cease and Desist Administrative Order; Docket Number: CWA-06-2018-1782 Facility Number: OKU000866 Dear Mr. Roberts: Enclosed is an Administrative Order (AO) issued to Heiman Roberts for violation of the Clean Water Act (CWA), (33 U.S.C. 1251-1:387). Violations were identified during a March 7, 2018 inspection conducted by the Environmental Protection Agency, Region 6 (EPA) of your oil field disposal and production facility located in Beggs, Okmulgee County, Oldahoma, with Facility Number OKU000866. The violation alleged is for the unauthorized discharge of pollutants; specifically, oil field brine and produced wastewater to a waters of the United States. Effective upon receipt of this AO, you shall immediately cease <)!ld desist all discharges of pollutants into Salt Creek and comply with all provisions set forth in the enclosed AO. The AO also requires responses to specified information. 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 Jeanne Eckhart, of my staff, at214-665-8174. ___ Sincerely, ()_ Cheryl T. Seager Director Compliance Assurance and Enforcement Division Enclosure Re: Herman Robetts Administrative Order 2 cc: Mr. Phil Hammill, Operator 8555 N. 1451h Road Beggs, OK 74421 cc: Mr. Terry Grooms, District 1 Manager Oklahoma Corporation Commission 115 West 6th Avenue Bristow, OK 74010-2801 U.S. ENViRONMENTAL PROTECTION AGENCY- REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER In the Matter of: Herman Roberts (Respondent) Docket Number: CWA-06-20 18-1782; Facility Number: OKU000866 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator ofthe United States Enviromnental Protection Agency ("EPA"), by Section 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. 13 19(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 of the Compliance Assurance and Enforcement Division. FINDINGS I. Herman Roberts ("Respondent") is a "person," as de:fmed 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 located in Beggs, Okmulgee County, Oklahoma ("facility"), designated as Facility Number OKU000866. 7. During the relevant time period, it was unlawful under Section 30l(a) of the Act, 33 U.S.C. 13ll(a), for auy 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 Salt Creek; and 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). c. Remove sufficient amounts of pollutants from Salt Creek, which were discharged Jl'om the facility on or about March 7, 2018, so that the TDS in the tributary downstream of the dischaTge is at or below background TDS levels. 1 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 Salt 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. 6. On March 7, 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 entry into Salt Creek (Latitude 35.728562 N and Longitude -96.121711 W) was contaminated from brine discharges and measured 69,967 mg/L Total Dissolved Solids ("TDS"). d. Within thirty (3 0) days of the effective date of this Order, Respondent shall provide a written certification 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 certification 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. All conespondence should be addressed to: Jeanne Eckhatt (6EN-WR) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Docket No. CWA-06-2018-1782 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 reliefunder 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 penal1y action by EPA or a civil judicial penal1y action by the U.S. Department 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 is received by Respondent. '3lwl zvte Date ---------------- Chetyl 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 conductivi1y meter, at a point upstream of the point of entry and at a point downstream of the point of entry are relatively similar demonstrating that the stream is no longer affected by the pollutant.