IN THE MATTER OF ALLEGED VIOLATIONS OF THE RULES
CAUSE NO. 1
AND REGULATIONS OF THE COLORADO OIL AND GAS
CONSERVATION COMMISSION BY R.E. HIBBERT OIL
ORDER NO. 1V-126
PROPERTIES, WASHINGTON COUNTY, COLORADO
REPORT OF THE COMMISSION
This cause came on for hearing before the Commission on July 1, 1997, at 8:30
a.m., in Suite 801, The Chancery Building, 1120 Lincoln Street, Denver,
Colorado, after giving Notice of Hearing as required by law, on why the R.E.
Hibbert Oil Properties is in violation of Rule No. 902.e., failure to remove oil
from pits within twenty-four (24) hours, and Rule No. 907, failure to report
spills and releases of E&P waste or produced fluid exceeding five (5) barrels
within ten (10) days, and why it should not invoke the provisions of §34-60-121
C.R.S., as amended, providing for penalties for violations of the Rules and
Regulations of the Commission.
FINDINGS
The Commission finds as follows:
1. The R.E. Hibbert Oil Properties, is an interested party in the subject matter
of the above referenced hearing.
2. Due notice of the time, place and purpose of the hearing has been given in
all respects as required by law.
3. The Commission has jurisdiction over the subject matter embraced in said
Notice, and of the parties interested therein, and jurisdiction to promulgate
the hereinafter prescribed order.
4. On March 31, 1997, Mr. Gary Mowad, Special Agent with the U.S. Fish &
Wildlife Service, flew over wellsites in Washington County. One of the sites he
identified as having potential violations of COGCC Rules was just east of Anton,
39° 45’ 10.22” N Lat and 103° 08’ 25.0” W Long. On April 8, 1997, Mr. Mowad
notified the Commission of the alleged violations that he had seen in his
fly-over. On April 15, 1997, Commission staff conducted an inspection of the
below-listed well sites operated by R.E. Hibbert Oil Properties and found oil on
the pits, unreported spills exceeding five (5) barrels, lease signs unreadable,
weeds in the pits and rubbish on the sites.
Cowles No. 1 Well SW¼NW¼ Sec. 25, Township 3 South, Range 52 West, 6th P.M.
Cowles No. 2 Well NE¼NW¼ Sec 25, Township 3 South, Range 52 West, 6th P.M.
Cowles No. 3 Well SW¼NE¼ Sec 25, Township 3 South, Range 52 West, 6th P.M.
5. On April 16, 1997, Commission staff issued three (3) Notices of Alleged
Violation (NOAVs) for the above-described wells. The following rule violations
were cited: Rule 902.e., failure to remove oil from pit within twenty-four (24)
hours; Rule 907.b., failure to report spill exceeding five (5) barrels within
ten (10) days; Rule 210.b., failure to post proper signs; Rule 603.g., failure
to keep location free of weeds, rubbish and trash; and Rule 902.f., failure to
erect netting to prevent access to pits by wildlife. §34-60-107 was also cited
as an aggravating factor noting the surface waste of oil in the spill from the
tank battery. The NOAVs required the R.E. Hibbert Oil Properties remove oil from
the production pit, spill site, and tank battery berm, within twenty-four (24)
hours; report the spill within ten (10) days on a Form 19; paint a new lease
sign; remove weeds and rubbish from the set and net the pits, all by April 22,
1997.
6. On April 17, 1997, Commission staff revisited the site and found oil on the
production pit. The oil in the tank berm had been removed, the oil from the
spill had been removed, weeds had been removed, and a sign had been painted on
the tank battery.
7. On April 25, 199, Commission staff revisited the site. Oil had been removed
from the production pit, rubbish and trash still remained on site, and pits were
not netted.
8. On June 12, 1997, an Administrative Order by Consent (AOC) was proposed to
R.E. Hibbert Oil Properties. A meeting was held on June 20, 1997 between
Commission staff and R.E. Hibbert Oil Properties to discuss what corrective
action had been taken.
9. On June 23, 1997, the AOC was signed by Richard W. Hibbert, on behalf of the
Estate of R.E. Hibbert.
10. An order of the Commission should be entered finding the R.E. Hibbert Oil
Properties in violation of Rule No. 902.e., failure to remove oil from pits
within twenty-four (24) hours, and Rule No. 907, failure to report spills and
releases of E&P waste or produced fluid exceeding five (5) barrels within ten
(10) days, and assessing a fine of Three Thousand Seven Hundred Fifty Dollars
($3,750) payable within thirty (30) days from the date the order is issued.
O R D E R
NOW, THEREFORE, IT IS ORDERED, that the R.E. Hibbert Oil Properties shall be
found in violation of Rule No. 902.e., failure to remove oil from pits within
twenty-four (24) hours, and Rule No. 907, failure to report spills and releases
of E&P waste or produced fluid exceeding five (5) barrels within ten (10) days
for the below-listed wells:
Cowles No. 1 Well SW¼NW¼ Sec. 25, Township 3 South, Range 52 West, 6th P.M.
Cowles No. 2 Well NE¼NW¼ Sec 25, Township 3 South, Range 52 West, 6th P.M.
Cowles No. 3 Well SW¼NE¼ Sec 25, Township 3 South, Range 52 West, 6th P.M.
IT IS FURTHER ORDERED, that the R.E. Hibbert Oil Properties shall be assessed a
fine of Three Thousand Seven Hundred Fifty Dollars ($3,750) payable within
thirty (30) days from the date the order is issued.
IT IS FURTHER ORDERED, that the provisions contained in the above order shall
become effective forthwith.
IT IS FURTHER ORDERED, that the Commission expressly reserves its right, after
notice and hearing, to alter, amend or repeal any and/or all of the above
orders.
ENTERED this 18th day of July, 1997, as of July 1, 1997.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By Patricia C. Beaver, Secretary
Dated at Suite 801, 1120 Lincoln Street Denver, Colorado 80203 July 18, 1997
(1V#126)