9/10/2012 - CONSENT AGREEMENT AND FINAL ORDER (CAF) ISSUED, ASSESSING A PENALTY OF $17,275. RESPONDENT SHALL MAKE PAYMENT WITHIN SIXTY DAYS.
ORDER ALLEGES:
PART II, SECTION G, PARAGRAPH 1, OF THE UIC PERMIT, REQUIRED A PERMITTED UNDERGROUND INJECTIN WELL TO HAVE AND MAINTAIN MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 C.F.R. SECTION 146.8 UNTIL IT IS PLUGGED. THE SUBJECT WELL FAILED A MECHANICAL INTEGRITY TEST ON FEBRUARY 25, 2009. TO DATE THE MECHANICAL INTEGRITY OF THE WELL HAS NOT BE DEMONSTRATED IN ACCORDANCE WITH THE REQUIREMENTS OF 40 C.F.R. SECTION 146.8
THEREFORE, RESPONDENT IS IN VIOLATION OF 40 C.F.R. SECTION 146.8, THE UIC PERMIT AND THE SDWA FOR FAILURE TO MAINTAIN THE MECHANICAL INTEGRITY OF THE PERMITTED SUBJECT WELL.
ORDER REQUIRES:
RESPONDENT IS ORDERED TO SUCCESFULLY DEMONSTRATE THE MECHANICAL INTEGRITY OR TO PROPERLY CLOSE, PLUG, AND ABANDON THE WELL BY OCTOBER 24, 2012. 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 VI