VIOLATIONS: The Respondent's tank battery facility was a point source discharge of pollutants, specifically brine, to the receiving waters of a tributary to Delaware Creek, located in the Northwest Quarter of Section 33, Township 21 North, Range 12 East, Osage County , Oklahoma. The discharge of brine was documented during a May 19, 2004, inspection.
RELIEF: The Class I Complaint proposes up to a $32,500 penalty for the violations. An environmental restoration and protection SEP has been negotiated with Fell and the Consent Agreement and Final Order contains details of the project. Completion date is scheduled for August 20, 2004 and the cash penalty assessed against fell, with the SEP, is $1,500.