3/19/04 - COMPLIANCE ORDER ISSUED. RESPONDENT OWNS AND/OR OPERATES 4 RULE-AUTHORIZED CLASS II INJECTION WELLS. THE WELLS ARE:
ASHLAND-YUNKER MINERALS #2, RUMSEY FIELD;
T.R. KITTINGER #2, RUMSEY FIELD;
K.M. WALTERS #1, RUMSEY FIELD;
H.E. BRYANT #1, RUMSEY FIELD.
VIOLATION 1: ACCORDING TO EPA FIELD INSPECTION RECORDS, THE 4 RULE-AUTHORIZED WELLS HAVE BEEN TEMPORARILY ABANDONED SINCE 1998. FOR THESE WELLS, THERE ARE VIOLATIONS OF 40 CFR 144.28(c)(2)(iv) AND THEREFORE THE SDWA FOR LEAVING THE WELLS TEMPORARILY ABANDONED FOR A PERIOD OF MORE THAN 2 YEARS WITHOUT PLUGGING AND ABANDONING THE WELLS IN ACCORDANCE WITH AN EPA-APPROVED PLAN OR DEMONSTRATING THE MECHANICAL INTEGRITY OF THE WELLS AT LEAST ONCE EVERY 2 YEARS DURING THE PERIOD OF TEMPORARY ABANDONMENT.
VIOLATION 2: EPA HAS CONDUCTED A REVIEW OF THE FILES AND DETERMINED THAT RESPONDENT HAS NOT DEMONSTRATED ADEQUATE FINANCIAL RESPONSIBILITY TO CLOSE, PLUG, AND ABANDON THE WELLS. RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(d) FOR FAILIURE TO DEMONSTRATE ADEQUATE FINANCIAL RESPONSIBLIITY TO CLOSE, PLUG AND ABANDON THE INJECTION WELLS.
VIOLATION 3: EPA CONDUCTED A REVIEW OF THE COMPLIANCE FILES AND DETERMINED THAT A TRANSFER OF OWNERSHIP OF THE 4 INJECTION WELLS OWNED BY PHILLS AND ASSOCIATES HAD OCCURRED OCTOBER OF 1997 WHEN DAVID JENKINS PURCHASED THE COMPANY. THROUGH FURTHER INVESTIGATION, IT WAS DETERMINED THAT ANOTHER TRANSFER OF OWNERSHIP OCCURRED FROM MR. JACKSON TO PRO GAS IN JULY 1999. THEN, IN 2