3/29/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000, DUE WITHIN 60 DAYS.
ALLEGATIONS:
PART II, SECTION G, PARAGRAPH 3, OF THE PERMIT, REQUIRES THE PERMITTEE TO DEMONSTRATE MECHANICAL INTEGRITY AT LEAST ONCE EVERY 5 YRS AND TO NOTIFY EPA AT LEAST 30 DAYS PRIOR TO SUCH DEMONSTRATION. WITHIN 90 DAYS AFTER THE DATE OF THE MECHANICAL INTEGRITY DEMONSTRATION, THE PERMITTEE IS REQUIRED TO PROVIDE EPA WITH THE RESULTS. EPA'S RECORDS DO NOT REFLECT THAT ADVANCE NOTIFICATION WAS PROVIDED BY THE RESPONDENT, AND THE DEMONSTRATION OF MECHANICAL INTEGRITY FOR THE ACTIVE SUBJECT WELL WAS PERFORMED LATE AS SHOWN BELOW:
WHITTAKER-BREY #1W1 - MIT DUE 7/19/09; MIT DONE 5/13/10.
THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO PROVIDE ADVANCE NOTIFICATION AND FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE SUBJECT WELL.
PART I, SECTION C, PARAGRAPH 3, OF THE PERMIT REQUIRES THE PERMITTEE TO CONDUCT INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTHS AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. ALSO, PART I, SECTION D, PARAGRAPH 2, OF THE PERMIT, CONTAINS THE REQUIREMENT TO SUBMIT THE RESULTS OF THESE INJECTION FLUID ANALYSES BY JAN 28 OF THE FOLLOWING YEAR. EPA'S RECORDS SHOWED THAT THE PREVIOUS FLUID ANALYSIS REPORT WAS DATED SEPT 22, 1993 AND THE SUBSEQUENT FLUID ANALYSIS WAS DATED DEC 7, 2010.
THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA BY FAILING T