BEFORE 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 JACK J. GRYNBERG, D/B/A GRYNBERG PETROLEUM CO., WELD COUNTY, COLORADO |
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CAUSE NO. 1V
DOCKET NO. 160300161
TYPE: ENFORCEMENT
ORDER NO. 1V-566 |
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. Jack. J. Grynberg, d/b/a Grynberg Petroleum Co. (“Grynberg”) (Operator No. 36200) is the operator of the Tigertail Federal 2-3H (“Well”) (API 05-123-40775) in Weld County, Colorado.
2. On August 12, 2015, the Well was spud. Prior to this date, Grynberg failed to either (a) collect groundwater samples in the 12 months prior to setting conductor pipe and submit the laboratory analytical results to the COGCC within three months of sample collection or (b) submit a Form 4 Sundry Notice requesting an exception from the requirements of Rule 318A.f.
3. On September 17, 2015, Grynberg filed a Form 4 - Sundry Notice (Document No. 400901207) requesting an exemption to Ground Water Sampling Requirements in COGCC Rules of Practice and Procedure, 2 CCR 404-1 (“Rule”). Greater Wattenberg Area Rule 318A.f. This Form 4 was approved on September 21, 2015.
4. On September 18, 2015, COGCC Staff issued a Notice of Alleged Violation (“NOAV”) (No. 200437259) to Grynberg for a violation related to its failure to collect baseline groundwater samples or request an exemption. The NOAV cited a violation of Rule 318A.f.
One 1-day violation of Rule 318A.f. because Grynberg failed to either (a) collect groundwater samples in the 12 months prior to setting conductor pipe and submit the laboratory analytical results to the COGCC within three months of sample collection; or (b) submit a Form 4 Sundry Notice requesting an exception from the requirements of Rule 318A.f.
6. Pursuant to Rule 523 and the Commission’s Enforcement and Penalty Policy, Hearings staff calculated a penalty of $1,875 for this violation. The penalty calculation is based on the following:
Rule |
Days of Violation |
Start Date |
End Date |
Daily Penalty |
Total Penalty |
318A |
1 |
8/12/2016 |
8/13/2015 |
$2,500.00 |
$2,500 |
Settlement Inducement (25%) |
-$625 |
||||
FINAL PENALTY |
$1,875 |
· Current versions of § 34-60-121, C.R.S. and Rule 523
· Class 2 Minor violation for failure to request exemption prior to spud – 1 day;
· Class 2 daily base penalty of $2,500;
· Settlement inducement of 25%;
· No aggravating factors;
· No mitigating factors;
· No pattern of violation; and
· No gross negligence or knowing and willful misconduct.
AGREEMENT
NOW, THEREFORE, based on the Findings and pursuant to Rule 522.e.(1) and the Commission’s Enforcement and Penalty Policy, the Director proposes and Grynberg agrees to settle the NOAV on the following terms and conditions:
I. Grynberg is found in violation of Rule 318A.f. as described above.
II. Grynberg will be assessed a penalty of $1,875.
III. Grynberg will pay $1,875 within 30 days after the approved AOC is mailed by the Commission.
RECOMMENDED this __ day of January, 2016.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By
Kyle W. Davenport
Assistant Attorney General
AGREED TO AND ACCEPTED this ______day of January, 2016.
JACK J. GRYNBERG, D/B/A GRYNBERG PETROLEUM CO.,
By
Signature of Authorized Company Representative
Print Signatory Name
Title
ORDER
HAVING CONSIDERED the Agreement between the Director and Grynberg to resolve the NOAV, the COMMISSION ORDERS:
1. Grynberg is found in violation of Rule 318A.f. as described above.
2. Grynberg will be assessed a total penalty of $1,875 for the rule violation described above.
3. Grynberg will pay $1,875 within 30 days after the approved AOC is mailed by the Commission.
4. 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.
5. 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