IN THE MATTER OF ALLEGED VIOLATIONS OF
THE CAUSE NO. 1
RULES AND REGULATIONS OF THE COLORADO OIL
AND GAS CONSERVATION COMMISSION
BY
ORDER NO. 1V-200
NITROTEC CORPORATION,
KIT CARSON COUNTY, COLORADO
ADMINISTRATIVE ORDER BY CONSENT
FINDINGS
1. The Pierson #J-3 Well is located in the NW¼ SW¼ of Section 20, Township 11
South, Range 44 West, 6th PM. Nitrotec Corporation (Nitrotec”) posted a $30,000
Certificate of Deposit as financial assurance in July 1993, and purchased this
well in October 1994. The well was plugged and abandoned in December 1995, and
Nitrotec reclaimed the financial assurance without consent of the Director. A
Notice of Alleged Violation (“NOAV”) was issued to Nitrotec on March 8, 2000,
alleging violations of Rule 709., requiring financial assurance and Rule
1004.c., requiring financial assurance not be released until final reclamation
is approved. The NOAV required Nitrotec post a Two Thousand Dollar ($2,000)
bond with the Colorado Oil and Gas Conservation Commission (“COGCC”) until such
time as final reclamation has been approved. Corrective action was required by
April 8, 2000, and as of May 15, 2000, no bond has been posted.
2. The Beeson #1-A Well is located in the NE¼ SE¼ of Section 1, Township 11
South, Range 46 West, 6th PM. Nitrotec posted a $30,000 Certificate of Deposit
as financial assurance in July 1993 and drilled this well in May 1996. The well
was plugged and abandoned in May 1998, and Nitrotec reclaimed the financial assurance
without consent of the Director. A NOAV was issued to Nitrotec on March 8,
2000, alleging violations of Rule 709., requiring financial assurance and Rule
1004.c., requiring financial assurance not be released until final reclamation
is approved. The NOAV required Nitrotec post a Two Thousand Dollar ($2,000)
bond with the COGCC until such time as final reclamation has been approved.
Corrective action was required by April 8, 2000, and as of May 15, 2000, no
bond has been posted.
3. The Beeson #2 Well is located in the W½ SE¼ of Section 1, Township 11 South,
Range 46 West, 6th PM. Nitrotec posted a $30,000 Certificate of Deposit as
financial assurance in July 1993, and purchased this well in October 1994. The
well was plugged and abandoned in February 1996, and Nitrotec reclaimed the
financial assurance without consent of the Director. A NOAV was issued to
Nitrotec on March 8, 2000, alleging violations of Rule 709., requiring
financial assurance and Rule 1004.c., requiring financial assurance not be released
until final reclamation is approved. The NOAV required Nitrotec post a Two
Thousand Dollar ($2,000) bond with the COGCC until such time as final
reclamation has been approved. Corrective action was required by April 8, 2000,
and as of May 15, 2000, no bond has been posted.
4. An Administrative Order of Consent (“AOC”) was issued to Nitrotec on May 15,
2000. The AOC recommended that Nitrotec be found in violation of Rules 709. and
1004.c. for the above three wells and fined six thousand dollars ($6,000).
5. On June 2, 2000, COGCC staff met with Dante Zarlengo, Attorney for Nitrotec,
to discuss the AOC issued May 15, 2000. Mr. Zarlengo advised COGCC staff that
the Pierson #J-3 well site is currently being farmed and therefore no further
reclamation is necessary. COGCC staff subsequently inspected the site and
confirmed this. Mr. Zarlengo requested that Nitrotec be found in violation of
Rule 709. only for the remaining wells.
6. On July 12, 2000, Nitrotec posted financial assurance in the amount of Two
Thousand Dollars ($2,000) each for the Beeson #1-A Well and the Beeson #2 Well.
ORDER
NOW, THEREFORE, IT IS ORDERED that Nitrotec Corporation shall be found in
violation of Rule 709. for failure to maintain adequate financial assurance the
Beeson #1-A Well and the Beeson #2 Well.
IT IS FURTHER ORDERED that Nitrotec Corporation shall be assessed a fine of One
Thousand Dollars ($1000) per well for a total fine of Two Thousand Dollars
($2,000) payable within thirty (30) days from the date the order is approved by
the Commission.
IT IS FURTHER ORDERED that the provisions contained in the above order shall
become effective forthwith.
IT IS FURTHER ORDERED that the Commission expressly reserves its right after
notice and hearing, to alter, amend, or repeal any and/or all of the above
orders.
RECOMMENDED this 25th day of July, 2000.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By Dated at Suite 801 David K. Dillon, Hearing Officer 1120 Lincoln Street Denver, Colorado 80203 July 24, 2000.
(1V#200)