6/1/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,865.
ALLEGATIONS:
EPA REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY AT LEAST ONCE EVERY FIVE YEARS AS LONG AS THE WELL REMAINS ACTIVE.
THE RECORDS FILE FOR THE J.M. SUMNER #1 INJECTION WELL SHOWS THAT THE LAST MIT WAS CONDUCTED ON AUG 27, 2004. THE NEXT MIT WAS DUE NO LATER THAN AUG 27, 2009.
THEREFORE, THE RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE J.M. SUMNER #1 INJECTION WELL AT LEAST ONCE EVERY FIVE YEARS.
PART I, SECTION D, PARA 3 OF THE SUBJECT PERMIT REQUIRES AN INJECTION FLUID ANALYSIS TO BE CONDUCTED AT LEASE ONCE EVERY 12 MONTHS, AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. PART I, SECTION E, PARA 1, OF THE SUBJECT PERMIT REQUIRES THE SUBMITTAL OF ANNUAL INJECTION FLUID ANALYSIS REPORTS TO EPA. TEH LAST ANNUAL REPORT IN THE RECORDS FILE FOR THE J.M. SUMNER #1 INJECTION WELL IS DATED JAN 20, 2006.
THEREFORE, THE RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO SUBMIT ANNUAL INJECTION FLUID ANALYSIS REPORTS FOR THE SUBJECT WELL FOR THE YEARS 2007, 2008, AND 2009.
ON NOV 18, 2010, RESPONDENT INFORMED EPA THAT THE J.M. SUMNER #1 INJECTION WELL HAS BEEN SHUT-IN SINCE NOV 2009.
ORDER REQUIRES:
RESPONDENT SHALL, WITHIN 30 DAYS, DEMONSTRATE BOTH INTERNAL AND EXTERMAL MECHANICAL INTEGRITY OF THE SUBJECT WELL, OR P&A THE WELL IN ACCORDA