A refinery in the Texas Panhandle has agreed to a penalty and compliance plan related to a migratory bird kill in August of 2012.

The U.S. Department of the Interior, Fish and Wildlife Service, the U.S. Attorney for the Northern District of Texas, Phillips 66 Company, and WRB Refining LP made the agreement last week.

Phillips 66 and WRB Refining in Borger, Texas, own and operate a refinery and support facilities, including the Johnson Tank Farm Pond in Hutchison County.

The Johnson Tank Farm Pond is a three-million barrel brine water pond spanning 22 acres.

In August 2012, the USFWS learned of a large migratory bird kill at the farm pond. Approximately 260 waterfowl, mostly teal, were recovered.

The Borger refinery self-reported the kill and immediately began efforts to keep migratory birds off the pond, as well as establishing an emergency treatment center to triage injured birds at the Borger facility.

According to the agreement, within 30 days, the Borger refinery will pay a $50,000 violations notice, $10,000 in restitution to the South Plains Wildlife Rehabilitation Center, and will pay nearly $39,000 to the Texas Parks and Wildlife Department for the value of the deceased birds.

In addition, the refinery will make a $200,000 charitable contribution to the South Plains Wildlife Rehabilitation Center.

The refinery will also implement a number of compliance measures as well.

Due to the settlement, the USFWS will not seek prosecution under the Migratory Bird Treaty Act or other similar offenses.

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