Document zQLBgrjM2dm7ndOjzQ8g4Xa76

'UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, T EXAS 75202-2733 CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7005 1820 0003 7457 5538 Mr. David Daniel, President Daniel Operating Company, Inc. 322 Morgan Road El Dorado, AR 71730 Re: Administrative Order; Docket Number: CWA-06-2018-1771 Facility Number: ARU001226 Dear Mr. Daniel: Enclosed is an Administrative Order (AO)'issued to Daniel Operating Company, Inc., for violation of the Clean Water Act (CWA), 33 U .S.C. 1251-1387-. 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 Union Sawmill -#2 Salt Water Disposal, located in Union County, Arkansas. The violation alleged is for the unauthorized discharge of a pollutant, specifically produced wastewater, to a water ofthe United States,,. Effective upon receipt of this AO, you shall immediately comply with all provisions set forth in the enclosed AO. This AO also requires submission of information 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 Aria,s, ofmy staff, at (214) 665 -8164. Sincerely, Enclosure . ~f ComplianceAssurance and Enforcement Division Re: Daniel Operating Company, Inc. Page 2 cc: Mr. Gary Looney Assistant Director State of Arkansas Oil and Gas Commission El Dorado Regional Office 2215 W. Hillsboro St. ElDorado, AR 71730 cc: Ms. Ellen Carpenter, Manager Water Division Arkansas Department of Environmental Quality 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: Daniel Operating Company, Inc.(Respondent) Docket Number: CWA-06-2018-1771; Facility Number: ARU001226 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 of the Compliance Assurance and Enforcement Division. FINDINGS 1. Daniel Operating Company, Inc. ("Respondent") is a "person," as defmed by Section 502(5) of the Act, 33 U.S.C. 1362(5). 7. During the relevant time period, it was unlawful under Section 30 1(a) ofthe 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. Stop all discharges of pollutants from the facility; 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 Uuion Sawmill #2 Salt Water Disposal, located in Union County, Arkansas ("facility"), designated as Facility Number ARU001226. 3. Pumps, pipes, hoses, flow lines, vents, disposal storage tanks, and associated devices located at the facility acted as "point sources," as defmed by Section 502(14) ofthe 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 an uunamed tributary of North Lapile 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 February 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 tributary ofNorth Lapile Creek (Latitude 33.155000 Nand Longitude -92.404000 W) was contaminated from brine discharges and measured 1,515 parts-per-million ("ppm") Total Dissolved Solids ("TDS"). The inspector determined the water upstream from the discharge point measured 103.3 ppm TDS. b. Remove all pollutants from the flow paths located between the point of discharge and the point of entry into the unnamed tributary of North Lapile Creek; and c. Remove sufficient amounts of pollutants from the unnamed tributary of North Lapile Creek, which were discharged from the facility on or about February 8, 2018, so that the TDS in the tributary downstream of the discharge is at or below background TDS levels.1 d. Within thirty (30) 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 correspondence should be addressed to: Dr. Jack Arias (6EN-WR) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733