12/14/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,500.
ALLEGATIONS:
RESPONDENT FAILED TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE FOLLOWING INJECTION WELLS EVERY 2 YEARS, OR TO PLUG AND ABANDON THEM:
PAUL BUNNEL #1 - LAST MIT 12/14/14.
GUINN #UA-3 - LAST MIT 1/26/90.
THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT INACTIVE WELLS OR PLUG AND ABANDON THEM ACCORDING TO AN EPA-APRPOVED PLUGGING AND ABANDONMENT PLAN.
40 CFR 144.11 PROHIBITS UNDERGROUND INJECTION THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT, AND PROHIBITS UNAUTHORIZED CONSTRUCTION OF AN UNDERGROUND INJECTION WELL. DURING INSPECTIONS ON MAY 24, 2010, AN EPA INSPECTOR DISCOVERED THAT NATURALLY OCCURRING KARST DEPRESSIONS OR SINKHOLES NEAR THE RESPONDENT'S OIL PRODUCTION FACILITIES WERE MODIFIED USING PIPES TO DIVERT THE FLUIDS FROM THE RESPONDENT'S BRINE TANKS INTO THE SINKHOLES.
THEREFORE, RESPONDENT'S MODIFICATION TO THESE NATURALLY OCCURRING KARST DEPRESSIONS, FOR THE PURPOSE OF SUBSURFACE EMPLACEMENT OF FLUIDS, CLASSIFIES EACH OF THE DEPRESSIONS AS AN IMPROVED SINKHOLE.
AN IMPROVED SINKHOLE IS A WELL AS PROVIDED IN 40 CFR 144.3.
AS FURTHER PROVIDED IN 40 CFR 144.3, WELL INJECTION MEANS THE SUBSURFACE EMPLACEMENT OF FLUIDS THRU A WELL.
THEREFORE, THESE IMPROVED SINKHOLES CONSTITUTE SHALLOW UNDERGROUND INJECTION WELLS.
SINCE THESE SHALLOW UNDERGROU