Lario Oil and Gas Company - Clean Water Act Public Notice
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 Lario Oil and Gas Company, a business located at 301 South Market Street, Wichita, Kansas, 67202, for alleged violations at three oil and gas leases, including the Williamson lease, Wenrich A lease, and Wenrich B lease located in Sumner County, Kansas.
Under Section 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(B)(ii), the EPA is authorized to issue orders assessing civil penalties for various violations of the Clean Water Act. 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 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 EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent violated the Spill Prevention, Control and Countermeasure (“SPCC”) requirements of 40 C.F.R. Part 112 and discharged oil into waters of the United States in violation of Sections 311(b)(3) and 311(j) of the Clean Water Act, 33 U.S.C. §§ 1321(b)(3) and 1321(j). The EPA alleges that Respondent failed to have properly prepared and implemented SPCC plans at the Williamson, Wenrich A and Wenrich B leases, and discharged approximately 56 barrels of crude oil and process water from a flowline break at the Williamson Lease into Bitter Creek on April 19, 2020. Respondent has reached agreement with 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 civil penalty of $65,000. 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 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, at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2021-0051. For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7205. Persons with legal questions may contact Shane McCoin, Office of Regional Counsel, at [email protected] or 913-551-7955. In order to provide opportunity for public comment, EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
| 2021.11.07 Date |
/s/ Wendy Lubbe 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 Lario Oil and Gas Company, a business located at 301 South Market St., Wichita, KS, 67202, for alleged violations at three oil and gas leases, including the Williamson lease, Wenrich A lease, and Wenrich B lease located in Sumner County, KS.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Lario Oil and Gas Company
301 South Market St.
Wichita, KS 67202
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2021-0051
Lario Oil and Gas Company proposed Expedited Settlement Agreement (pdf)