cBEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF ALLEGED VIOLATIONS OF THE RULES AND REGULATIONS OF THE COLORADO OIL AND GAS CONSERVATION COMMISSION BY TOP OPERATING COMPANY, WELD COUNTY, COLORADO |
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CAUSE NO. 1V
DOCKET NO. 150500173
TYPE: ENFORCEMENT
ORDER NO. 1V-513
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ADMINISTRATIVE ORDER BY CONSENT
(Pursuant to Rule 522.e.(1) of the Rules and Regulations of the
Colorado Oil and Gas Conservation Commission, 2 CCR 404-1)
FINDINGS
1. TOP Operating Company (“TOP”) is the operator of the Haley 10 Well (API No. 05-123-38400) (“Well”) in Weld County.
2. The Haley 10 Well was spud on December 30, 2013. TOP did not collect groundwater samples prior to drilling the Well, nor did it file a Sundry Notice requesting an exception prior to drilling the Well.
3. On July 31, 2014, Commission Staff issued a Notice of Alleged Violation (“NOAV”) (No. 200409733) to TOP for a violation related to its failure to collect groundwater samples as described above. The NOAV cited violation of Rule 318A.e.(4) (now Rule 318A.f.) (Groundwater baseline sampling and monitoring) of the COGCC Rules of Practice and Procedure, 2 CCR 404-1 (“Rule” or “Rules”).
5. Pursuant to Rule 523 and the Commission’s Enforcement and Penalty Policy, Hearings staff calculated a penalty of $2,500 for these violations. The penalty calculation is based on a one day violation of Rule 318A.f., which is a Class 2 Rule. According to the Enforcement Policy Penalty Schedule, the violation is minor.
6. Staff does not recommend any adjustments based on aggravating or mitigating factors. Staff found no evidence of a pattern of violations, gross negligence, or knowing and willful misconduct.
AGREEMENT
NOW, THEREFORE, based on the Findings and pursuant to Rule 522.b.(3) and the Commission’s Enforcement and Penalty Policy, the Director proposes and TOP agrees to settle the NOAV on the following terms and conditions:
I. TOP is found in violation of Rule 318A.f.
II. TOP will be assessed a penalty of $2,000.
III. TOP will pay $2,000 within 30 days after the approved AOC is mailed by the Commission.
IV. TOP will either submit the groundwater sampling data required under Rule 318A.f.(4)B., or file a sundry notice requesting an exception to the Rule if TOP is unable to collect a sample by September 2, 2015.
RECOMMENDED this 3rd day of June, 2015.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By
Jennifer S. Bock, Enforcement Officer
AGREED TO AND ACCEPTED this ______day of , 2015.
TOP OPERATING COMPANY
By
Signature of Authorized Company Representative
Print Signatory Name
Title
ORDER
HAVING CONSIDERED the Agreement between the Director and TOP Operating Company to resolve the NOAV, the COMMISSION ORDERS:
1. TOP is found in violation of Rule 318A.f. as described above.
2. TOP will be assessed a total penalty of $2,000 for the rule violation described above.
3. TOP will either submit the groundwater sampling data required under Rule 318A.f.(4)B., or file a sundry notice requesting an exception to the Rule if TOP is unable to collect a sample by September 2, 2015.
4. Compliance dates specified in this Order may be extended only for good cause, as determined at the Director’s sole discretion. A request for extension must be
made, in writing, at least 35 days prior to the pertinent compliance deadline or as soon as possible if 35 days prior notice is not feasible. Failure to receive an extension prior to the compliance deadline or the failure to meet a compliance deadline may constitute a new violation subject to additional penalties.
5. Entry of this Order constitutes final agency action for purposes of judicial
review as of the date this order is mailed by the Commission. For all other purposes, this Order is effective as of the date of approval by the Commission.
6. The Commission expressly reserves its right after notice and hearing, to alter, amend, or repeal any and/or all of the above orders.
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OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By
Julie Murphy, Secretary