10/14/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,185, DUE WITHIN 30 DAYS.
ALLEGATIONS:
REQUIREMENTS FOUND AT 40 CFR 144.28(g)(2)(iv)(A) STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY, PURSUANT TO 146.8, SHALL OCCUR AT LEAST ONCE EVERY 5 YEARS FOR ACTIVE WELLS. THESE ACTIVE SUBJECT WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS AS FOLLOWS:
PETE MORGAN #9 - DUE 9/14/09 - DONE 5/5/10
PETE MORGAN #4 - DUE 9/14/09 - DONE 5/5/10
PETE MORGAN #6 - DUE 9/14/09 - DONE 5/5/10.
THEREFORE, RESPONDENT VIOLATED 40 CFR 144.28(g)(2)(iv)(A) AND THE SDWA BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE SUBJECT WELLS AT LEAST ONCE EVEYR 5 YEARS.
IN ACCORDANCE WITH 40 CFR 144.28(c)(2)(iv), EPA REQUIRES THAT AFTER A CESSATION OF INJECTION FOR 2 YEARS, THE OWNER OR OPERATOR OF A RULE-AUTHORIZED UNDERGROUND INJECTION WELL SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON THE WELL.
THE LEE ROY WELLS NO 1 INJECTION WELL WAS DISCOVERED BY THE RESPONDENT, WHO REPORTED THE FINDING TO EPA. AN INSPECTION WAS CONDUCTED ON MAY 5, 2010, DOCUMENTING THE LOCATION OF THE WELL. THE SUBJECT WELL HAS NEVER BEEN TESTED FOR MECHANICAL INTEGRITY. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(c)(2)(iv) AND THE SDWA FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OR PROPERLY CLOSE, PLUG AND ABANDON THE SUBJECT INACTIVE WELL.
THE FOLLOWING ACTIVE SUBJECT WELL IS OVERDUE FOR MECHANICAL INTEGRITY DEM