11/17/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,513.36. PAYMENT SHALL BE MADE IN FOUR INSTALLMENTS. PAYMENT 1 SHALL BE RECEIVED WITHIN 90 DAYS. PAYMENT 2, WITHIN 180 DAYS. PAYMENT 3, WITHIN 270 DAYS. PAYMENT 4, WITHIN 360 DAYS.
ALLEGATIONS:
RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE FOLLOWING CALSS II UIC WELL:
DOUG WAGNER #1.
THE WELL IS NOT PERMITTED NOR IS IT RULE-AUTHORIZED.
DURING AN INSPECTOIN ON FEB 7, 2011, EPA INSPECTORS OBSERVED PRODUCED FLUIDS BEING INJECTED INTO THE SUBJECT WELL THRU ITS CASING FROM AN OIL/WATER SEPARATOR.
40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTOIN OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT.
NO AUTHORIZATION HAS BEEN GIVEN FOR THE UNDERGROUND INJECTION OF FLUIDS INTO THE SUBJECT WELL, NOR HAS A PERMIT BEEN ISSUED ALLOWING CONSTRUCTION OF THE SUBJECT WELL.
THEREFORE, RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND 40 CFR 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION.
ON MARCH 17, 2011, RESPONDENT PARTICIPATED IN A SHOW CAUSE HEARING WITH EPA TO DISCUSS VIOLATIONS, THE SDWA AND IMPLEMENTING REGULATIONS.