3/29/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500 DUE WITHIN 60 DAYS.
ALLEGATIONS:
40 CFR 144.28(g)(2)(iv) STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY SHALL OCCUR AT LEAST ONCE EVERY 5 YEARS FOR ACTIVE WELLS, AND THAT THE OWNER OR OPERATOR SHALL NOTIFY EPA AT LEAST 30 DAYS PRIOR TO SUCH DEMONSTRATION. EPA'S RECORDS DO NOT REFLECT THAT ADVANCE NOTIFICATION WAS PROVIDED BY THE RESPONDENT, AND THE MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS FOR THE FOLLOWING ACTIVE WELLS WERE PERFORMED LATE:
LOUIS ROBERTSON #1 - MIT DUE 5/21/06; MIT DONE 11/9/10;
LOUIS ROBERTSON #2-W - MIT DUE 3/13/07; MIT DONE 11/9/10.
THEREFORE, RESPONDENT VIOLATED 40 CFR 144.28(g)(iv)(A) AND THE SDWA BY FAILING TO PROVIDE ADVANCE NOTIFICATION AND FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE SUBJECT WELLS.