8/21/03 - COMPLAINT FILED, PROPOSING A PENALTY. KELLEN DUNCAN UNIT #5, EPA ID NO. KYS1010281. ALLEGATIONS: VIOLATION 1 - A REVIEW OF AVAILABLE WELL FILES CONDUCTED ON JUNE 30, 2003, REVEALED THAT A MECHANICAL INTEGRITY TEST (MIT) WAS CONDUCTED ON OCTOBER 10, 2001, AND INDICATES THAT THE SUBJECT WELL HAD FAILED THE MIT. THE LAST SUCCESSFUL DEMONSTRATION OF THE MECHANICAL INTEGRITY OF THE SUBJECT WELL WAS ON JUNE 18, 1992. RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL AT LEAST ONCE EVERY 5 YEARS. VIOLATION 2 - A FILE REVIEW CONDUCTED ON JUNE 30, 2003, REVEALED THAT THE RESPONDENT HAD NOT SUBMITTED ANNUAL MONITORING REPORTS TO EPA SINCE THE YEAR 2000. RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(h)(2)(i) FOR FAILURE TO SUBMIT THE REQUIRED REPORTS SUMMARIZING THE RESULTS OF THE ABOVE MONITORING TO EPA