7/23/10 - ADMINISTRATIVE ORDER ON CONSENT ISSUED.
RESPONDENT FORECLOSED ON THE SUBJECT WELLS FORMERLY OWNED J.D. CARTY RESOURCES, LLC IN JAN 2009. DURING THE 5 YRS PRIOR TO THE DATE OF FORECLOSURE, NO DEMONSTRATION OF MECHANICAL INTEGRITY WAS SUBMITTED TO EPA IN VIOLATION OF 40 CFR 144.28(f)(2); NO MONITORING REPORTS OR FLUID ANALYSIS REPORTS WERE SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(h)(2); AND AT THE TIME OF FORECLOSURE, ADEQUATE DEMONSTRATE OF FINANCIAL RESPONSIBILITY FOR PLUGGING AND ABANDONMENT HAD NOT BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(d). RESPONDENT AGREED TO ENTER INTO A CONSENT ORDER TO BRING THE SUBJECT WELLS INTO COMPLIANCE WITH THE SDWA AND ALL APPLICABLE REGULATIONS.
INJUNCTIVE RELIEF:
RESPONDENT SHALL BRING THE SUBJECT WELLS INTO COMPLIANCE WITH THE SDWA AND APPLICABLE UIC REGULATIONS BY EITHER: (1) DEMONSTRATING MECHANICAL INTEGRITY, ESTABLISHING FINANCIAL RESPONSIBILITY, PERFORMING FLUID ANALYSIS AND SUBMITTING MONITORING REPORT FOR THE SUBJECT WELLS; OR BY (2) PLUGGING AND ABANDONING THE SUBJECT WELLS. RESPONDENT SHALL COMMENCE BRINGING THE SUBJECT WELLS INTO COMPLIANCE AT THE RATE OF ONE WELL EVERY TWO MONTHS, BEGINNING IMMEDIATLEY UPON THE EFFECTIVE DATE OF THIS ORDER.
EPA AND RESPONDENT AGREE THAT THE JACK HUNLEY W-5 INJECTION WELL HAS BEEN COVERED BY INFILL AND THE TOP OF THE CASING IS AT AN UNKNOWN DEPTH BELOW GROUND LEVEL. IF AT ANY TIME THE SUBJECT WELL BECOMES UNCOVERED AND ACCESSIBLE, AND RESPONDENT IS THE OWNE