Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Quitman Oil/Gas Fluids Truck Washout Facility Enter into Consent Administrative Order

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

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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and JK Oilfield Service (“JK”) entered into a March 11th Consent Administrative Order (“CAO”) addressing alleged violations of an Industrial General Stormwater Permit (“IGP”). See LIS No. 21-020.

The CAO provides that JK owns or has owned a facility that includes storage for fluids generated from oil and gas fluids truck washout (“Facility”) located in Quitman, Arkansas.

The Facility is stated to be classified under the Standard Industrial Classification (SIC) Code of the IGP of Sector I1:1381-1389, Oil and Gas Field Service.

DEQ is stated to have conducted at site visit of the Facility on March 28, 2019. Such site visit is stated to have indicated the following violations:

  • Failure to have a State No-Discharge Waste Storage Permit
  • Failure to have coverage under the IGP and therefore operating without the required permit

The CAO provides that DEQ notified JK on July 27, 2019, of the alleged findings of the site visit. JK was requested to submit the following within 30 days of receipt of the letter:

  • A complete Notice of Intent (NOI) for coverage under the NPDES Industrial Stormwater General Permit (IGP) and a Stormwater Pollution Prevention Plan (SWPPP).
  • A complete State No-Discharge Water Storage Permit application or a written report, including photographic documentation that documents the removal and proper disposal of the oil and gas waste from the site.

JK is stated to have not provided a response to DEQ to the July 27, 2019, letter.

The CAO requires that JK immediately cease any unpermitted activities and obtain appropriate permit coverage prior to resuming any operations at the Facility. Further, it is required to remove and properly dispose of oil and gas waste, and any related waste, and any solid waste from the site that is exposed to the elements.

A written report is required to be provided to DEQ documenting the removal of the materials as referenced above. It is required to be certified by a Professional Engineer licensed in the State of Arkansas.

JK’s failure to comply with the previously referenced requirement resulted in it having to reimburse DEQ for any costs incurred by the agency in the performance of any corrective, remediation or closure activities at the Facility.

A civil penalty of $5,000 is assessed of which $4,000 is conditionally suspended if JK fully complies with the CAO.

A copy of the CAO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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