Public Notice: Class I Consent Agreement and Final Order against RCP Production, LLC for Clean Water Act violation

Summary

In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g)(4)(A), 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 Class I Consent Agreement and Final Order against RCP Production, LLC.

Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), 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 civil penalty proceeding. The EPA may also issue a Consent Agreement and Final Order to simultaneously commence and conclude a proceeding to assess either a Class I or Class II civil penalty in accordance with 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) and (3). The EPA provides notice of the proposed assessment of a civil penalty pursuant to Section 309(g)(4)(A) of the CWA, 33 U.S.C. § 1319(g)(4)(A). Class I civil penalty proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this action, the EPA is proposing a Consent Agreement and Final Order (CAFO) to assess a Class I civil penalty under its authority pursuant to Section 309(g) of the CWA, 33 U.S.C. § 1319(g), against RCP Production, LLC. (Respondent) for violation of Section 301 of the CWA, 33 U.S.C § 1311. Under Section 301 of the CWA, 33 U.S.C § 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342. The Respondent owned or operated an oil field disposal and production facility identified as the TD Murphy 3-B SWD Tank Battery located near Smackover, Union County, Arkansas. The EPA inspected this facility on March 12, 2024 and observed that pollutants, specifically oil field wastes and produced water, had been discharged from the facility to a wetland that maintains a continuous surface connection to an unnamed, relatively permanent tributary of Smackover Creek, a water of the United States. The violation alleged in the CAFO is for the unauthorized discharge of pollutants, specifically oil field wastes and produced water, to a water of the United States. The CAFO proposes to assess a Class I civil penalty of $11,200.00. Under the proposed CAFO, the Respondent must pay the civil penalty within thirty (30) days after the date the Final Order ratifying the agreement is filed with the Regional Hearing Clerk. 

Applicants or Respondents

Docket Numbers

• CWA-06-2025-1763

Related Documents

• CWA-06-2025-1763 (pdf) (495.87 KB)
  EPA is providing notice of a proposed Class I Consent Agreement and Final Order against RCP Production, LLC for alleged violations of the CWA.