Document YDGEgEDY0aNYLnxZg592Be0G8

~,"t~o sr.qJ:: ."' - '"~. UNITED ~ - - \> ~ ~ & ~ '< ';, ;, (<'1-)' ~-$> 4t Pno1t: STATES ENVIRONMENTAL PROTECTION REGION6 1445 ROSS AVENUE, SUI'fE 1200 DALLAS, TEXAS 75202-2733 AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2406 2882 Mr, Matthew Vicenik, Environmental Manager The Hilcmp Energy Company Harvest Pipeline Old Ocean Plant P.O. Box 61229 Houston, Texas 77208 Re: Administrative Order; Docket Number: CWA-06-2019-1747 200 Refinery Road Facility NPDES Petmit Number: TX0003905 Dear Mr, Vicenik: Enclosed is an Administrative Order (AO) issued to the Hilcorp Energy Company for violation of the Clean Water Act (CWA) (33 U.S.C, 1387). Violations were identified during a review of the permit file and discharge monitoring reports submitted for the 200 Refinery Road Facility. The violations alleged are for failure to meet permit effluent limitations. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. The AO also contains other compliance deadlines and certain information. The Environmental Protection Agency Region 6 is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2019-1747 and TPDES Permit Number TX0003905 on your response. If you have any questions, please contact Ms. Judy Edelbrock, or Mr, Collin Martin, of my staff, at (214) 665-8582 or (214) 665-8380, respectively. Enclosme( s) Sincerely, M lo Director { Compliance Assurance and Enforcement Division Re: Hilcorp Energy Company Administrative Order 2 cc: Program Manager Enviromnental Services Railroad Commission of Texas P.O. Box 12967 Austin, Texas 78701-2967 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 FINDINGS OF VIOLATIONS AND ORDER FOR COMPLIANCE Docket Number: CWA-.06-2019-1747, NPDES Petmit No.: TX0003905 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA"), by Section 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. l319(a). The Administrator of EPA has delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who further delegated this authority to the Director ofthe Compliance Assurance and Enforcement Division. FINDINGS 1. Hilcorp Energy Company ("Respondent") is a person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order ("all relevant times"), Respondent owned or operated an oil and gas facility, located at 200 Refinery Road, in Sweeny, Brazoria County, Texas ("the facility"), and was therefore an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of"pollutants" with its wastewater to the receiving waters of Cedar Lake Creek, thence to Cedar Lakes, .in Water body Segment 2442 of the Bays and Estuaries, which are considered "waters of the United States", within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owned or operated a facility that acted as a point source of a discharge of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System ("NPDES") program. 7. Respondent applied for and was issued NPDES Penni! Number TX0003905 ("the permit") under Section 402 ofthe Act, 33 U.S.C. 1342, which became effective on Janumy I, 2017 and expires on December 3 I, 2021. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit. 8. Part LA. of the pe~mit places certain limitations on the quality and quantity of effluent discharged by the Respondent. The relevant discharge limitations are listed in the enclosed Attachment A, which is incorporated by reference. 9. The permit includes "Monitoring and Repmting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with pe~mit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the penni! and applicable regulations. The permit also requires Respondent to file with EPA cettified Discharge Monitoring Reports ("DMRs") of the results of monitoring, and Noncompliance Repmts when appropriate. I 0. Cettified DMRs filed by Respondent with EPA in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in Patt I.A. of the permit. The discharges of pollutants that exceeded the permit limitations are specified in the enclosed Attachment B, which is incorporated by reference. II. Each violation of the conditions of the permit was a violation of Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawfitl for any person to discharge any pollutant from a point Based on the foregoing Findings and pursuant to the source to waters of the United States, except with the authority of Section 309(a)(3) ofthe Act, 33 U.S.C. 1319(a)(3), authorization of, and in compliance with, an NPDES permit EPA hereby orders Respondent to take the following actions: issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. A. Take such measures as are necessmy to comply with all 6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to permit conditions, including "Effluent Limitations and Monitoring and Repotting Requirements" no later than thirty (30) days from the effective date of this Order. waters ofthe United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit.