9/10/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,259. RESPONDENT SHALL MAKE PAYMENT WITHIN SIXTY DAYS.
ORDER ALLEGES:
PART II, SECTION G, PARAGRAPH 3, OF THE UIC PERMIT, REQUIRES THAT A DEMONSTRATION OF MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 C.F.R. SECTION 146.8 BE MADE NO LATER THAN 5 YEARS FROM THE LAST APPROVED DEMONSTRATION. THE MECHANICAL INTEGRITY DEMONSTRATION FOR THE SUBJECT WELL WAS NOT PERFORMED BY THE DUE DATE.
RESPONDENT VIOLATION 40 C.F.R. SECTION 146.8, THE UIC PERMIT AND THE SDWA FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITED SUBJECT WELL.
ORDER REQUIRES:
RESPONDENT IS ORDERED TO PROVIDE ADVANCE NOTIFICATION AND SUCCESSFULLY DEMONSTRATE THE MECHANICAL INTERGRITY OR CLOSE, PLUG, AND ABANDON THE WITHIN 90 DAYS OF RECEIPT OF THIS ORDER. MECHANICAL INTEGRITY TESTING OR PLUGGING AND ABANDONMENT MUST BE WITNESSED BY AN AUTHORIZED EPA INSPECTOR.
RESPONDENT AGREES TO PAY STIPULATED CIVIL PENALTIES FOR VIOLATION OF THE CONDITIONS SET FORTH IN PARAGRAPH 19 ABOVE AS FOLLOWS. FOR FAILURE TO COMPLY WITH THE CONDITION DESCRIBED IN PARAGRAPH 19 ABOVE, RESPONDENT SHALL PAY A STIPULATED CIVIL PENALTY ACCORDING TO THE FOLLOWING SCHEDULE.
A. $300 FOR ANY PORTION OF THE FIRST 7 CALENDAR DAYS RESPONDENT IS IN VIOLATION OF THIS AGREEMENT; AND
B. $200 PER DAY FOR EACH DAY ATER THE FIRST 7 CALENDAR DAYS RESPONDENT IS IN VIOLATION OF THIS AGREEMENT.