DaMar Resources, Inc.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
In accordance with Section 311(b)(6)(c) of the Clean Water Act (“CWA”), 33 U.S.C. § 1321(b)(6)(C), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against DaMar Resources, Inc., a business located at 234 West 11th Hays, Kansas 67601 for alleged violations at the lease locations below:
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- Dreiling C: Section 21, Township 13 South, Range 7 West of Ellis County;
- Potter A: Section 20, Township 11 South, Range 16 West of Ellis County;
- Reed: Section 23, Township 7 South, Range 17 West of Rooks County; and
- McRae: Section 34, Township 12 South, Range 18 West in Ellis County.
Under Section 311(b)(6)(B)(ii) of the CWA, 33 U.S.C. § 1321(b)(6)(B)(ii), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA. The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding. The EPA provides notice of the proposed assessment of a Class I or II civil penalty pursuant to 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(B)(ii). Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that on or about January 21, 2020, Respondent discharged crude oil from the Dreiling C Lease into a tributary of North Fork Big Creek. EPA further alleges that Respondent failed to develop and implement an adequate SPCC Plan at each of the lease locations above, in violation of Section 311 of the Clean Water Act, 33 U.S.C. §1321 and the SPCC regulations set forth in 40 C.F.R. Part 112. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent will pay a mitigated civil penalty of $35,000. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.
The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice. All such comments shall be submitted to the Regional Hearing Clerk at the address provided below. The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules. Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, U.S. Environmental Protection Agency Region 7, at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2021-0028. For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7205. Persons with legal questions may contact Liz Huston, Office of Regional Counsel, at [email protected] or 913-551-7525. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
| 2022.02.22 Date |
/s/ Jodi Bruno for Wendy Lubbe Acting Director Enforcement and Compliance Assurance Division U.S. EPA, Region 7 |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment against DaMar Resources, Inc., a business located at 234 West 11th Hays, KS 67601 for alleged violations at the lease locations below: Dreiling C: Section 21, Township 13 South, Range 7 West of Ellis County; Potter A: Section 20, Township 11 South, Range 16 West of Ellis County; Reed: Section 23, Township 7 South, Range 17 West of Rooks County; and McRae: Section 34, Township 12 South, Range 18 West in Ellis County.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
DaMar Resources, Inc.
234 West 11th
Hays, KS 67601
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2021-0028
DaMar Resources, Inc. proposed Consent Agreement and Final Order (pdf)