BEFORE
THE OIL AND GAS CONSERVATION COMMISSION
OF
THE STATE OF COLORADO
IN THE
MATTER OF ALLEGED VIOLATIONS OF THE RULES ) CAUSE NO. 1V
AND REGULATIONS
OF THE COLORADO OIL AND
GAS )
CONSERVATION
COMMISSION BY DECLAR OIL & GAS, INC., ) DOCKET NO. 0403-OV-19
WASHINGTON COUNTY, COLORADO )
NOTICE
OF ADMINISTRATIVE ORDER BY CONSENT
TO
ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:
In March of 1959, the Stites #1 Well located in the SW¼
SE¼ of Section 17, Township 1 South, Range 56 West, 6th P.M. was drilled and
completed by Vaughey and Vaughey. On March
16, 1977, Colorado Oil and Gas Conservation Commission (“COGCC”) staff approved
the Application for Permit to Use Earthen Pit, Form 15 submitted by Vaughey and
Vaughey for the Stites #1 lease located in the NE¼ SE¼ of Section 17, Township 1
South, Range 56 West, 6th P.M.
On January 5, 1988, the COGCC approved the
Certification of Clearance and/or Change of Operator, Form 10 from the Robert
L. Hoss Trust to DeClar Oil & Gas, Inc. (“DeClar”) with an effective date
of November 1, 1987. On June 14,
2000,
the Stites #1 Well was plugged and abandoned by DeClar. On September
25, 2002, COGCC environmental staff conducted a field inspection. An open excavation and a cement base remained
at the wellhead location. Concrete,
piping and ancillary equipment remained at the tank battery location. A skim pit and two produced water pits were
also present at the tank battery site.
The skim pit contained oily fluid and oily soil was observed in both produced
water pits. Additionally, an area of
denuded cropland was observed east and northeast of the pits and appeared to be
the result of historic discharges of produced water. Laboratory results of a representative sample
from the denuded cropland indicated soil conditions that exceeded the COGCC
Allowable Concentrations and Levels for Inorganics in Soils. On November
4, 2002, the COGCC received the Subsequent Report of Abandonment, Form 6 as per
a request by COGCC staff. Rule 311
requires that the Form 6 be submitted within thirty (30) days after
abandonment. Therefore, the Form 6 was
submitted over two years after the required submittal date.
On November 11, 2002, a complaint (#200032539)
was received from Mr. Jim Hett with Bittersweet Farms. Mr. Hett was concerned about the abandoned
equipment at the site and reclamation requirements. On January 14,
2003,
a Notice of Alleged Violation (“NOAV”) was issued to DeClar for incomplete
reclamation of the location and for the produced water impacted soils. The NOAV cited Rule 324A.a., for failure to
prevent significant adverse environmental impacts to air, water, soil, or
biological resources and to prevent the unauthorized discharge or disposal of
E&P waste; Rule 907.a.(1), for failure to ensure that E&P waste is
properly stored, handled, transported, treated, recycled or disposed to prevent
threatened or actual significant adverse environmental impacts; Rule 910.a.,
for exceeding the allowable concentrations for soil in Table 910-1; and, Rules
1004.a. and 1004.b., for failure to
complete final reclamation of the location within three months on
cropland. Corrective action included the
removal of debris, piping and other ancillary equipment by February 15, 2003. Corrective
action also included the requirement for DeClar to submit a Site Investigation
and Remediation Workplan, Form 27 by February
15, 2003 for the pit closures and remediation of produced water impacted soils. Per returned receipt, the NOAV was accepted
by DeClar on January 29, 2003.
On February 13, 2003, the COGCC received a Form
27 via facsimile as per the requirements of the NOAV. The workplan stated that laboratory results
of collected soil samples were pending and would be submitted to the COGCC when
received. On May
12, 2003, COGCC environmental staff conducted a field inspection of the subject
site. Piping, concrete and ancillary
equipment remained at the tank battery.
The cement base and open excavation remained at the wellhead
location. The skim pit and produced
water pits remained open. On August 28, 2003, COGCC environmental staff sent a letter to DeClar
stating that the Form 27 submitted on February
13, 2003 was inadequate and required a revised Form 27 to be submitted to the
COGCC by September 30, 2003. The letter also indicated that sodium
impacted soils would likely require soil amendments such as sulfur and/or
gypsum.
On September 28, 2003, a revised Form 27 was
received via facsimile by the COGCC.
Also attached were laboratory results of two soil samples reportedly
collected from the produced water pits.
The soil samples were analyzed for sodium and for benzene, toluene,
ethylbenzene, and xylenes (BTEX). There
are no COGCC standards for sodium or BTEX in Table 910-1. Required analyses typically include Total Recoverable
Petroleum Hydrocarbons (TRPH), Sodium Adsorption Ratio (SAR), Electrical
Conductivity (EC) and pH. DeClar was
verbally informed of the soil sampling requirements in prior telephone
conversations. The workplan also stated
that the pits had been previously backfilled on July
25, 2003 without prior COGCC approval. On
December 30, 2003, COGCC staff conducted a
field inspection of the subject location.
The pits had been backfilled and the location ripped and re-graded. DeClar backfilled the pits without an
approved Form 27. DeClar did not address
the produced water impacted soils prior to ripping and re-grading the site. On January 16,
2004,
COGCC environmental staff spoke by telephone with Jim Hett of Bittersweet
Farms. According to Mr. Hett, there is
little or no growth of the new wheat crop at the subject location.
On January 19, 2004, COGCC staff issued an
Administrative Order by Consent (“AOC”) to DeClar Oil & Gas, Inc. for the
violation of COGCC Rules 324A., 907.a., 910.a., 1004.a., and 1004.b. for failure
to prevent significant adverse environmental impacts to air, water, soil, or
biological resources, to prevent the unauthorized discharge or disposal of
E&P waste, to ensure that E&P waste is properly stored, handled,
transported, treated, recycled or disposed to prevent threatened or actual
significant adverse environmental impacts, for exceeding the allowable concentrations
for soil in Table 910-1 and for failure to complete final reclamation within
three months for cropland at the former
Stites #1 tank battery located in the NE¼ SE¼ of Section 17, Township 1 South,
Range 56 West, 6th P.M. On January 30, 2004, DeClar Oil & Gas, Inc. agreed to and accepted
the AOC, including the fine of One Thousand Dollars ($1,000).
NOTICE IS HEREBY GIVEN, that the Oil and Gas
Conservation Commission of the State of Colorado, pursuant to the above,
has scheduled the above-entitled matter for hearing on:
Date: Monday, March 15, 2004
Time: 10:00
a.m.
Place: Suite 801, The Chancery Building
1120 Lincoln Street
Denver, CO 80203
In accordance with the Americans
with Disabilities Act, if any party requires special accommodations for this
hearing as a result of a disability, please contact Audra Serlet at (303) 894-2100, extension 114, prior to the hearing and arrangements
will be made.
Pursuant to said hearing in
the above-entitled matter at the time and place aforesaid, or at any adjourned
meeting, the Commission will enter such orders as it deems appropriate and
necessary to protect public health, safety and welfare and to prevent the waste
of oil and gas, either or both, in the operations of said field, and carry out
the purposes of the statute.
In accordance with Rule 509., any interested party
desiring to protest or to intervene should file with the Commission a written
protest or a notice to intervene no later than March
1, 2004 briefly
stating the basis of the protest or intervention. Such interested party shall, at the same
time, serve a copy of the protest or notice to intervene to the person filing
the application. An original and nine
(9) copies shall be filed with the Commission.
IN THE NAME
OF THE STATE OF COLORADO
OIL
AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By_________________________________
Dated
at Suite 801
Patricia C. Beaver,
Secretary
1120
Lincoln Street
Denver, Colorado, 80203
February 12, 2004