SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Payne County, Oklahoma, Tank Battery Enter into Expedited Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Colpitt Brothers Operating Company (“Colpitt”) entered into a May 25th Expedited Spill Prevention Control and Countermeasure Settlement Agreement (“Agreement”) addressing alleged violations of Clean Water Act Spill Prevention Control and Countermeasure (“SPCC”) regulations found at 40 CFR Part 112. See Docket No. CWA-06-2022-4313.

The Agreement provides that EPA conducted an inspection of Colpitt’s facility on March 10th which is known as:

  • Erwin Tank Battery Lease off Clay Road – County Road in N3460 (“Facility”)

The Facility is stated to be located in Payne County, Oklahoma.

EPA is stated to have determined that the Facility was violating regulations implementing Section 311(j) of the Clean Water Act by failing to comply with certain oil pollution prevention regulations.

The alleged violations are stated to include:

  • Inadequate or no prediction of equipment failure which could result in discharges
  • Spill prevention briefings are not scheduled and conducted at least once per year

The Agreement states that the alleged violations have been corrected and that the Facility is now in full compliance with the oil prevention pollution regulations.

A civil penalty of $688 is assessed.

A copy of the Agreement can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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