3/13/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 60 DAYS.
DURING A JOINT INSPECTION ON JULY 18, 2012, OF INJECTION WELL IN THE HART COUNTY, KY, AREA, BY THE KY DEPT OF ENVIRONMENTAL PROTECTION (KDEP) AND EPA, IT WAS DISCOVERED THAT PRODUCED FLUIDS FROM OIL PRODUCTION WERE BEING ILLEGALLY INJECTED INTO THE SUBJECT WELL. WHILE INSPECTING THE PAYTON LEASE, OPERATED BY RESPONDENT, INSPECTORS OBSERVED A BURIED 2-INCH PVC INJECTION LINE THAT LED FROM THE TANK BATTERY, WHERE PRODUCED FLUIDS FROM OIL PRODUCTION WERE STORED, TO A WELL CASING.
THE INSPECTORS FOUND A RED LID PLACED OVER THE TOP OF THE WELL CASING AND THE LID COVERED WITH WOOD AND BRUSH. AFTER THE INSPECTORS CLEARED THE WOOD AND BRUSH AWAY AND REMOVED THE LID, THEY DISCOVERED THAT PRODUCED FLUIDS FROM OIL PRODUCTION WERE BEING INJECTED INTO THE SUBJECT WELL THROUGH THE BURIED 2-INCH PVC LINE.
40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION EXCEPT INTO A WELL AUTHORIZED BY RULE OR PERMIT ISSUED UNDER THE UIC PROGRAM. THE CONSTRUCTION OF ANY WELL REQUIRED TO HAVE A PERMIT IS PROHIBITED UNTIL THE PERMIT HAS BEEN ISSUED. ANY VIOLATION OF A UIC REG ALSO CONSTITUTES A VIOLATION OF THE SDWA, AS PROVIDED IN PART C OF THE SDWA.
A REVIEW OF THE EPA'S RECORDS INDICATED THAT THE SUBJECT WELL WAS NOT RULE AUTHORIZED AS NO INVENTORY INFO HAD BEEN SUBMITTED AS REQUIRED BY 40 CFR 144.26 FOR RULE AUTHORIZATION. EPA'S RECORDS ALSO REVEALED THAT NO PERMIT HAD BEEN ISSUED FOR CONSTRUCTI