_ENFORCEMENT - C1981017 ‎(4)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-1990-001
• Violation No.: C-90-001
• Media Type: D
• Archive: No

JUSTIFICATION OF SETTLEMENT AGREEMENT FOR
NOV C-90-001
NOV C-90-001 was written for "failure to monitor ground water in a manner
approved by the Division." Bill Crick explained that semi-annual monitoring
is required for all ground water monitoring stations. Both field parameters
and a laboratory analysis is required. At Well GW-1 the laboratory sample for
the first half of 1989 was missed.
Representatives of Mid-Continent Resources, Inc. contested the fact of the
violation. Ms. Delaney reminded the Division that the field parameters were
taken and a laboratory analysis was provided for all the other wells. The
reason a laboratory analysis was not taken at GW-1 was because there was a
bend in the pipe, and the normal sampling device would not work. A small
sample bottle was used to acquire a water sample, but it was not enough for a
lab analysis. When the bottle was lowered a second time, the bottle got stuck
in the well . Efforts to dislodge the bottle in time to get a sample for the
first half of 1989 were unsuccessful . Furthermore, based on all the data that
was collected, there was no indication of ground water pollution.
Based on the information presented, I believe a violation did occur. The
required laboratory analysis was not taken as required by the approved permit,
ana the Division was not notified of the problems with the well . Although no
ground water pollution was noted, any changes to the approved plan must be
aporoved by the Division.
The proposed civil penalty was:
History $ 400.00
Seriousness 0.00
Fault 250.00
Good Faith 0.00
TOTAL—T-65U-611
History
There have been three NOV's during the past twelve months and one CO.
Seriousness
I agree with the proposed penalty.
Fault
Ms. Delaney requested that this be reduced. The violation did not occur
because of a lack of diligence on their part. It was unavoidable desDite all
their efforts to collect a sample within the given sampling period.
I propose to reduce this to $0.00. As evidenced by the collection of all the
other data and laboratory analysis, the operator was diligently conducting the
ground water monitoring. The second-half sample was obtained and the operator
will be discussing an alternative well-site for future monitoring.