8/3/04 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,600. PENALTY TO BE PAID IN 4 INSTALLMENTS OVER AN 18-MONTH PERIOD.
VIOLATION 1: ON NOVEMBER 3, 2003, EPA CONDUCTED A REVIEW OF THE COMPLIANCE RECORDS AND FOUND THERE WERE NO RECORDS CONFIRMING THAT RESPONDENT HAD EVER CONDUCTED OR SUBMITTED THE RESULTS OF FLUID ANALYSIS TESTS FOR PETE MORGAN LEASE WELL NUMBERS 4, 6, AND 9. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(g)(2)(i) FOR FAILURE TO MONITOR AND REPORT ON THE REQUIRED FLUID ANALYSES FOR PETE MORGAN LEASE NOS 4, 6, AND 9.
VIOLATION 2: ON NOVEMBER 3, 2003, EPA CONDUCTED A COMPLIACE REVIEW OF THE FILES AND DETERMINED THAT RESPONDENT HAD LAST DEMONSTRATED MECHANICAL INTEGRITY ON THE PETE MORGAN LEASE, WELL NUMBERS 4, 6, AND 9 DURING MARCH 1993. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE PETE MORGAN LEASE, WELL NUMBERS 4, 6, AND 9, AT LEAST ONCE EVERY 5 YEARS.
VIOLATION 3: SUBSEQUENT TO THE SHOW CAUSE MEETING, EPA DISCOVERED THAT RESPONDENT HAD NOT DEMONSTRATED FINANCIAL RESPONSIBLITY TO CLOSE, PLUG, AND ABANDON THE WELLS (NUMBERS 4, 6, AND 9) IN ACCORDANCE WITH AN EPA-APPROVED PLAN. RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(d) FOR FAILURE TO DEMONSTRATE ADEQUATE FINANCIAL RESPONSIBLITY TO CLOSE, PLUG AND ABANDON THESE INJECTION WELLS IN ACCORDANCE WITH AN EPA-APPROVED PLAN.
ORDER REQUIRES:
A. RESPONDENT SHALL DEMONSTRATE THE MEC