11/22/02 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. RESPONDENT OWNS AND/OR OPERATES THE FOLLOWING INJECTION WELL:
KYS169005; HARVEY ESTES #4; PERMIT NUMBER KY10375. RESPONDENT FAILED TO PERFORM A MECHANICAL INTEGRITY TEST WELL SINCE DECEMBER 18, 1989, IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART II, SECTION G, PARAGRAPH 3 OF RESPONDENT'S PERMIT.
THE LAST ANNUAL MONITORING REPORT SUBMITTED TO EPA FOR THE HARVEY ESTES #4 INJECTION WELL WAS ON APRIL 23, 1992, IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART I, SECTION D, PARAGRAPH 2 OF PERMIT.
THE LAST INJECTION FLUID ANALYSIS REPORT FOR THE HARVEY ESTES #4 INJECTION WELL WAS SUBMITTED TO EPA ON APRIL 16, 1991, IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART I, SECTION D, PARAGRAPH 2 OF PERMIT.
ON MARCH 28, 2001, EPA ISSUED A NOTICE OF VIOLATION AND NOTICE OF OPPORTUNITY TO SHOW CAUSE (NOV).
ON MAY 24, 2002, EPA RECEIVED RESPONDENT'S ANNUAL MONITORING REPORTS FOR THE WELL FOR THE YEARS 1992 THROUGH 2001.
RESPONDENT SHALL PAY A PENALTY OF $3,105 IN FOUR INSTALLMENTS. THE FIRST INSTALLMENT OF $777 SHALL BE PAID NO LATER THAN 45 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. THE REMAINING THREE INSTALLMENTS OF $776 SHALL BE PAID EVERY 90 DAYS THEREAFTER.
ORDER ALSO REQUIRES:
(1) WITHIN 15 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL CONTACT EPA TO ARRANGE FOR THE SCHEDULING OF A MECHANICAL INTEGRITY