Defendant entered into a SDWA Administrative Order on Consent to address an unpermitted UIC Class V well and problems relating to the malfunction of the well. Defendant paid the administrative penalty but has not satisfied any one of the compliance measures in the Final Order. EPA seeking compliance with the Final Order plus daily penalties for failure to comply.
The Defendant connected its sceptic system to the main sewer line and closed the Class V sceptic well and ceased allowing waste fluids to enter into it. Although this work was not done with an EPA approved closure plan, upon post-work inspection, DOJ in consultation with EPA decided to forgo injunctive relief and pursue a civil penalty only in the litigation. Under the Stipulation of Settlement entered with the District Court of the Virgin Islands on May 17, 2011, the Defendants must pay a civil penalty. Failure to pay the installments in a timely manner when due or failure to pay the entire penalty will result in Stipulated penalties being assessed.